Frcpa Pty Ltd T/A Frc Pipes Summary

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[2025] FWCA 228

DECISION
Fair Work Act 2009
s.185 - Enterprise agreement
FRCPA Pty Ltd T/A FRC Pipes
(AG2024/5126)
FRCPA ENTERPRISE AGREEMENT 2025 ("AGREEMENT")
Cement and concrete products

COMMISSIONER HUNT BRISBANE, 21 JANUARY 2025
Application for approval of the FRCPA Enterprise Agreement 2025 ("Agreement").
[1] FRCPA Pty Ltd T/A FRC Pipes (the Employer) has applied for approval of an enterprise agreement known as the FRCPA Enterprise Agreement 2025 (“Agreement”) (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] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 September 2024 and the Agreement was made on 12 December 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of
the Act, I sought the views of the Australian Workers’ Union (AWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian
Manufacturing Workers’ Union (AMWU), and employee bargaining representatives
regarding the undertakings, allowing a period of two business days from receipt of the
undertakings to provide any views. No views were received.
[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
[5] The Agreement does not contain a workplace delegates’ rights term as required under

s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the
Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated

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[2025] FWCA 228
Industries and Occupations Award 2020 is attached to the Agreement and taken to be a term of it.
[6] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[7] The AWU and AMWU, each being bargaining representatives for the Agreement,

have given notice under s.183 that they want to be covered by the Agreement. In accordance
with s.201(2) of the Act I note that the Agreement covers the AWU and AMWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2025. The nominal expiry date of the Agreement is 14 January 2026.
COMMISSIONER
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[2025] FWCA 228

Annexure A – Undertakings

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[2025] FWCA 228

FRCPA Pty Ltd T/A FRC Pipes applied for approval of the FRCPA Enterprise Agreement 2025, a single-enterprise agreement made under section 185 of the Fair Work Act 2009. The application was made following changes to the approval processes introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. The employer provided written undertakings to address concerns raised by the Fair Work Commission. The Australian Workers’ Union and the Australian Manufacturing Workers’ Union, both bargaining representatives for the agreement, indicated their intention to be covered by it. The commissioner accepted the employer’s undertakings, which were incorporated into the agreement as per section 201(3) of the Act. The commissioner also attached the workplace delegates’ rights term from the Manufacturing and Associated Industries and Occupations Award 2020 to the agreement, as required by section 205A of the Act.

The legal issues before the court included whether the employer had met the requirements for genuine agreement and better off overall test, as amended by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, and whether the employer's undertakings would cause financial detriment to employees or result in substantial changes to the agreement. The court also needed to determine if the agreement fairly chose the group of employees it covered and whether the union representatives were appropriately included. Additionally, the court had to verify that the agreement complied with the requirement to include a workplace delegates’ rights term.

The court found that the employer had met all the requirements for approval of the agreement, including the provisions of sections 186, 187, 188, and 190 of the Act. The court accepted the employer’s undertakings and found they would not cause financial detriment or result in substantial changes to the agreement. The court was satisfied that the group of employees covered by the agreement was fairly chosen, and the union representatives were appropriately included. The court also determined that the workplace delegates’ rights term was correctly attached to the agreement. Consequently, the court approved the agreement, which will operate from 28 January 2025, with a nominal expiry date of 14 January 2026.

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

DECISION
Fair Work Act 2009
s.185 - Enterprise agreement
FRCPA Pty Ltd T/A FRC Pipes
(AG2024/5126)
FRCPA ENTERPRISE AGREEMENT 2025 ("AGREEMENT")
Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 21 JANUARY 2025