DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Precast (VIC) Pty Ltd T/A Austral Precast Victoria
(AG2016/6471)

AUSTRAL PRECAST (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Austral Precast (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Austral Precast (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austral Precast (Vic) Pty Ltd T/As Austral Precast Victoria. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Austral Precast (VIC) Pty Ltd, trading as Austral Precast Victoria, the applicant sought approval for the Enterprise Agreement between the company and the CFMEU (Victorian Construction and General Division) Precast Panel. The dispute arose due to the applicant’s request to the Fair Work Commission for the approval of the proposed agreement, which had been negotiated with the union representing the employees. The matter was heard in the Fair Work Commission.

The legal issues before the Commission involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on whether the agreement was in the best interests of the employees, and whether it had been genuinely negotiated. The Commission needed to ensure that the agreement was not only procedurally correct but also substantively fair to the employees.

The Fair Work Commission considered various aspects of the agreement, including the negotiation process, the contents of the agreement, and its implications for the employees. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair wages and conditions, and included provisions for dispute resolution and employee protection. The Commission concluded that the agreement met the statutory requirements and approved it.

The Fair Work Commission approved the Enterprise Agreement between Austral Precast (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel for the period 2016-2018, subject to the conditions set out in the decision. The approval was based on the finding that the agreement was fairly and genuinely negotiated, and it was in the best interests of the employees.

Austral Precast (VIC) Pty Ltd T/A Austral Precast Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established