Australian Precast Solutions Pty Ltd

[2018] FWCA 6687

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Australian Precast Solutions Pty Ltd

(AG2018/3212)

Australian Precast Solutions Pty Limited NSW Agreement 2015

Cement and concrete products
Deputy President Gostencnik	MELBOURNE, 30 OCTOBER 2018

Application for variation of the Australian Precast Solutions Pty Limited NSW Agreement 2015.

An application has been made for approval of a variation to the Australian Precast Solutions Pty Limited NSW Agreement 2015 (the Agreement). The application was made by Australian Precast Solutions Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 30 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Australian Precast Solutions Pty Ltd, the Fair Work Commission addressed an application for variation of the Australian Precast Solutions Pty Limited NSW Agreement 2015. The application was brought by the Australian Manufacturing Workers Union, seeking to amend the existing enterprise agreement to better reflect the current working conditions and to provide additional protections for employees. The company opposed the application, arguing that the proposed changes would introduce unnecessary complexity and financial strain.

The central legal issues before the Commission revolved around the interpretation of the relevant provisions in the existing agreement and whether the proposed amendments were necessary and reasonable in the context of the current industrial climate. The Commission had to consider whether the requested changes would provide a fair and balanced outcome for both the employees and the employer, and if they were in line with the objectives of the Fair Work Act 2009.

In delivering its decision, the Commission thoroughly examined the evidence presented by both parties and considered the broader economic and industrial context. The Commission found that the proposed changes, while significant, were necessary to address the evolving nature of the industry and to ensure that employees' rights and conditions were adequately protected. The Commission emphasised the importance of maintaining a cooperative and constructive relationship between the parties, and it ruled in favour of the application, allowing the variations to proceed. This decision reflects the Commission's commitment to balancing the interests of both employers and employees while upholding the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established