DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Precast Solutions Pty Limited
(AG2021/5140)

AUSTRALIAN PRECAST SOLUTIONS PTY LIMITED NSW ENTERPRISE AGREEMENT 2021

Cement and concrete products
DEPUTY PRESIDENT CROSS	SYDNEY, 4 JUNE 2021

Application for approval of the Australian Precast Solutions Pty Limited NSW Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Precast Solutions Pty Limited NSW Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Precast Solutions Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that clauses 38.2, 38.6 and 13.6 of the Agreement may be inconsistent with the National Employment Standards (NES), however noting the NES precedence term at clause 2.4 of the Agreement, I am satisfied that the NES will prevail to the extent of any inconsistency.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from this approval. The nominal expiry date of the Agreement is 4 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Australian Precast Solutions Pty Limited, sought approval of the NSW Enterprise Agreement 2021 from the Fair Work Commission. The respondents, including the Australian Manufacturing Workers' Union, opposed the application, raising various concerns regarding the proposed agreement's compliance with the relevant legislation. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The respondents argued that the agreement did not adequately address several aspects, including minimum wage rates, penalty rates, and conditions of employment. The applicant, on the other hand, contended that the agreement was fair and reasonable, taking into account the needs of both employers and employees.

The Fair Work Commission assessed the agreement against the statutory criteria, considering the fairness and reasonableness of the proposed terms. The Commission found that the agreement met the necessary procedural requirements and that the terms and conditions were fair and reasonable, taking into account the relevant factors. The Commission emphasised the importance of maintaining a balance between the needs of employers and employees in enterprise agreements. Accordingly, the Fair Work Commission approved the Australian Precast Solutions Pty Limited NSW Enterprise Agreement 2021.

In light of the above, the Fair Work Commission approved the application for the Australian Precast Solutions Pty Limited NSW Enterprise Agreement 2021. The agreement will now be registered and enforceable, governing the employment conditions of the relevant employees.

Australian Precast Solutions Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established