Freshmore (NSW) Pty Ltd T/A Advanced Precast (Aust), Australian Workers’ Union, The Summary

[2022] FWCA 2538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Freshmore (NSW) Pty Ltd T/A Advanced Precast (Aust), Australian Workers’ Union, The

(AG2022/2375)

Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust) New South Wales and the AWU Enterprise Agreement 2022 - 2024

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 27 JULY 2022

Application for approval of the Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust)New South Wales and the AWU Enterprise Agreement 2022 - 2024

Freshmore (NSW) Pty Ltd T/A Advanced Precast (Aust) has made an application for the approval of an enterprise agreement known as the Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust)New South Wales and the AWU Enterprise Agreement 2022 - 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the Union, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The case involves an application by Freshmore (NSW) Pty Ltd, trading as Advanced Precast (Aust), and the Australian Workers’ Union for the approval of the Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust) New South Wales and the AWU Enterprise Agreement 2022 - 2024. The application was brought before the relevant industrial tribunal to secure the formal approval of the proposed enterprise agreement, which outlines the terms and conditions of employment between the company and its employees represented by the union.

The legal issues before the tribunal were whether the agreement complied with the necessary statutory requirements and whether it provided for the fair and reasonable terms of employment. This included examining if the agreement met the provisions set out in the Fair Work Act 2009, specifically whether it covered all mandatory bargaining items and if it was free from any unlawful content. Additionally, the tribunal needed to consider if the agreement had been genuinely negotiated between the parties and if it provided for appropriate dispute resolution mechanisms.

The tribunal assessed the agreement against the statutory requirements and found that it met all the necessary criteria. The tribunal concluded that the agreement was fairly negotiated, contained all mandatory bargaining items, and did not include any unlawful provisions. It was also determined that the agreement provided for appropriate mechanisms to resolve disputes between the parties. Based on these findings, the tribunal approved the agreement, affirming its compliance with the relevant industrial legislation.

The final orders of the tribunal were to approve the Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust) New South Wales and the AWU Enterprise Agreement 2022 - 2024, effective from the date of the tribunal's decision. This approval allows the agreement to be enforced as a legally binding document between the employer and the unionised employees.

Freshmore (NSW) Pty Ltd T/A Advanced Precast (Aust), Australian Workers’ Union, The

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established