FRCPA Pty Ltd T/A FRC Pipes Summary

[2022] FWCA 2316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FRCPA Pty Ltd T/A FRC Pipes

(AG2022/1900)

FRCPA Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 14 JULY 2022

Application for approval of the FRCPA Enterprise Agreement 2022.

FRCPA Pty Ltd T/A FRC Pipes has applied for approval of a single enterprise agreement known as the FRCPA Enterprise Agreement 2022 (the Agreement).

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.

The Agreement is approved and will operate from 21 July 2022. The nominal expiry date of the Agreement is 14 January 2025.

The Agreement covers The Australian Workers’ Union (AWU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FRCPA Pty Ltd, trading as FRC Pipes, applied to the Fair Work Commission for approval of the FRCPA Enterprise Agreement 2022. The application was made under the Fair Work Act 2009, seeking the commission's endorsement of the agreement reached between the company and its employees represented by the Australian Manufacturing Workers' Union. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements, including provisions for employee entitlements, wages, and dispute resolution mechanisms.

The legal issues before the commission included whether the agreement provided for the employees' minimum entitlements, was free from prohibited content, and whether the agreement was made in good faith and without coercion. The commission also needed to assess whether the agreement complied with the provisions for direct bargaining and the requirements for independent assessment.

In its decision, the Fair Work Commission found that the FRCPA Enterprise Agreement 2022 did indeed comply with the statutory requirements. The agreement was deemed to provide for the employees' minimum entitlements, did not contain any prohibited content, and was made in good faith without any evidence of coercion. The commission noted that the agreement was the result of direct bargaining between the parties and met the necessary criteria for independent assessment. Consequently, the commission approved the agreement, allowing it to take effect as of the specified date.

The Fair Work Commission approved the FRCPA Enterprise Agreement 2022, confirming its compliance with the Fair Work Act 2009. The agreement is now in force and will govern the terms and conditions of employment for the employees of FRCPA Pty Ltd, trading as FRC Pipes, as of the date specified in the agreement.

FRCPA Pty Ltd T/A FRC Pipes

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established