Conspect Construction Pty Ltd T/A Perth Precast

[2013] FWCA 6145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Conspect Construction Pty Ltd T/A Perth Precast
(AG2013/7858)

PERTH PRECAST ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 AUGUST 2013

Application for approval of the Perth Precast Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Perth Precast Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Conspect Construction Pty Ltd trading as Perth Precast and various unions. The central issue was the application for approval of the Perth Precast Enterprise Agreement 2013-2017. The unions contested the application, asserting that the agreement did not meet the 'better off overall test' as required by the Fair Work Act 2009. This test ensures that employees are no worse off financially and have certain minimum entitlements when compared to their previous conditions. The unions argued that the proposed agreement failed to provide adequate protection for certain employee groups, particularly those on shift work and those with long service.

The Fair Work Commission examined the arguments presented by both the employer and the unions. It assessed whether the agreement provided employees with minimum rates of pay, penalty rates, leave entitlements, and other benefits that were at least equal to, or better than, their previous conditions. The Commission also considered the evidence and submissions regarding the financial implications of the agreement on the employer and the impact on employee conditions. After careful consideration, the Commission found that the agreement did meet the better off overall test, as it provided employees with improved conditions and protections, outweighing any potential disadvantages.

Consequently, the Fair Work Commission approved the Perth Precast Enterprise Agreement 2013-2017, determining that it was fair and reasonable. The Commission noted that the agreement included provisions that addressed the unions' concerns, such as shift loadings and long service leave, ensuring that employees were not worse off and in some cases, were better off. The decision was made in the context of balancing the interests of both the employer and the employees, ensuring that the agreement was compliant with the statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established