DECISION

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

FRCPA Pty Ltd T/A FRC Pipes & Vantage Pipes
(AG2019/789)

FRCPA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 14 JUNE 2019

Application for approval of the FRCPA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the FRCPA Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FRCPA Pty Ltd. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as The Australian Manufacturing Workers Union (AMWU) and The Australian Workers’ Union (AWU) 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 organisations.

[4] The Fair Work Commission (FWC) received correspondence dated 13 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 January 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of FRCPA Pty Ltd T/A FRC Pipes & Vantage Pipes, the Fair Work Commission was tasked with approving an enterprise agreement. The applicant, FRCPA Pty Ltd, trading as FRC Pipes and Vantage Pipes, sought approval for the FRCPA Enterprise Agreement 2019, which was to govern the employment terms and conditions for their workforce. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory provisions regarding minimum terms and conditions of employment. The Commission had to consider whether the agreement adequately covered all mandatory minimum terms and whether it was consistent with the Fair Work Act's objectives of promoting harmonious, productive, and fair work relationships. Additionally, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the work and the bargaining positions of the parties.

In its reasoning, the Commission examined the provisions of the agreement and the submissions made by both the applicant and the relevant union. The Commission noted that the agreement contained all the minimum terms required by the Fair Work Act and was consistent with the broader objectives of the Act. The Commission further observed that the agreement provided for fair and reasonable terms, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission concluded that the agreement met the necessary statutory criteria and approved the FRCPA Enterprise Agreement 2019.

The final orders of the Commission included the approval of the FRCPA Enterprise Agreement 2019, effective from the date of the decision. The agreement was to apply to the employees covered by the application, and the Commission directed that appropriate steps be taken to inform the affected employees of the approval and the terms of the agreement. This decision underscores the importance of ensuring that enterprise agreements are both legally compliant and reflective of fair and reasonable terms for all parties involved.

FRCPA Pty Ltd T/A FRC Pipes & Vantage Pipes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established