DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Precast (WA) Pty Ltd T/A Austral Precast WA
(AG2018/683)

AUSTRAL PRECAST MADDINGTON ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Austral Precast Maddington Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Austral Precast Maddington Enterprise Agreement 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 (WA) Pty Ltd T/A Austral Precast WA. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austral Precast (WA) Pty Ltd T/A Austral Precast WA applied to the Fair Work Commission for approval of the Austral Precast Maddington Enterprise Agreement 2018. The applicant sought to implement a new enterprise agreement with its employees, as represented by the Construction, Forestry, Maritime, Mining and Energy Union. The case was heard by the Full Bench of the Fair Work Commission, comprising of Commissioner McCabe, Deputy President Finn and Member Scott.

The legal issues before the court involved whether the agreement was in the best interests of the employees and complied with the relevant legislative provisions. The applicant needed to demonstrate that the agreement had been made in good faith, that the employees had been adequately consulted, and that the agreement contained appropriate terms and conditions for the employees. The union, on the other hand, needed to ensure that the agreement provided adequate protections and benefits for the employees and did not contravene any relevant laws or regulations.

The court found that the applicant had met its burden of proof and that the agreement was in the best interests of the employees. The court noted that the agreement provided for reasonable terms and conditions, including appropriate pay and conditions, and that the applicant had adequately consulted with the union during the negotiation process. The court also found that the agreement did not contravene any relevant laws or regulations and that it provided adequate protections and benefits for the employees. Accordingly, the court approved the agreement and made the necessary orders.

The final orders of the court included the approval of the Austral Precast Maddington Enterprise Agreement 2018 and the registration of the agreement on the Register of Employment Agreements. The orders also included provisions for the agreement to be in effect from 1 July 2018 and to remain in force until 30 June 2022, subject to any variations or termination in accordance with the agreement or the Fair Work Act 2009.

Austral Precast (WA) Pty Ltd T/A Austral Precast WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established