DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Precast Solutions Pty Ltd
(AG2015/2360)

AUSTRALIAN PRECAST SOLUTIONS PTY LIMITED NSW AGREEMENT 2015

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 3 JUNE 2015

Application for approval of the Australian Precast Solutions Pty Ltd NSW Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Australian Precast Solutions Pty Ltd NSW Agreement 2015 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union, Newcastle, Central Coast & Northern Regions Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Australian Precast Solutions Pty Ltd sought approval of the Australian Precast Solutions Pty Ltd NSW Agreement 2015, an enterprise agreement under the Fair Work Act 2009. The applicant argued that the agreement was appropriate for the workers covered, while the respondents, including the Australian Manufacturing Workers' Union and various employers, contended that the agreement was not suitable due to several issues including non-compliance with certain legislative requirements and procedural errors. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The Commission considered several key issues, including whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act, and if the terms of the agreement were fair and reasonable. A particular focus was placed on the provisions related to shift premiums and allowances, which were contested by the respondents on the grounds of non-compliance with legislative standards. The Commission also examined whether there had been genuine bargaining between the parties and whether the agreement provided for adequate protections for employees.

In its decision, the Commission found that while the agreement had been made in good faith and involved genuine bargaining, it did not fully comply with the legislative requirements concerning shift premiums and allowances. Despite these shortcomings, the Commission concluded that the overall terms of the agreement were fair and reasonable. The Commission approved the agreement, subject to modifications that addressed the identified compliance issues. This decision ensured that the agreement would be legally binding while also rectifying the procedural and legislative deficiencies.

The final order of the Commission was to approve the Australian Precast Solutions Pty Ltd NSW Agreement 2015, with specific modifications to the provisions concerning shift premiums and allowances. These modifications were designed to bring the agreement into compliance with the relevant legislative standards. The approved agreement was to take effect from the date of the Commission's decision, providing a clear framework for the terms and conditions of employment for the workers involved.

Australian Precast Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established