Australian Precast Pty. Ltd. Summary

[2024] FWCA 4456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Precast Pty. Ltd.

(AG2024/4600)

AUSTRALIAN PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 12 DECEMBER 2024

Application for approval of the AUSTRALIAN PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the AUSTRALIAN PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Australian Precast Pty. Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

The Construction, Forestry and Maritime Employees Union (CFMEU), 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.

The Agreement was approved on 12 December 2024 and, in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Australian Precast Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the approval of the Subcontractors Precast Panel Enterprise Agreement 2024 – 2027. The case was heard in the Fair Work Commission, an Australian body responsible for ensuring the fair treatment of employees, employers, and contractors within the workplace.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved assessing the agreement's compliance with minimum entitlements and ensuring that it was free from prohibited content. The Commission had to consider if the agreement provided fair and reasonable terms for the employees, particularly focusing on aspects such as wages, working conditions, and dispute resolution mechanisms.

The Commission determined that the proposed agreement did indeed meet the necessary requirements under the Fair Work Act. It found that the agreement contained provisions that were fair and reasonable, ensuring the protection of employees' rights and interests. The agreement provided for appropriate wage increases and included mechanisms for resolving disputes. The Commission was satisfied that the terms were not misleading or deceptive and were consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the Subcontractors Precast Panel Enterprise Agreement 2024 – 2027.

No additional orders were made beyond the approval of the enterprise agreement. The decision confirms that the agreement is legally binding and will govern the employment conditions for the specified period, unless otherwise varied or terminated in accordance with the provisions of the Fair Work Act.

Australian Precast Pty. Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established