Hicrete Precast (SA) Pty Ltd

[2013] FWCA 3551

FAIR WORK COMMISSION

DECISION

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

Hicrete Precast (SA) Pty Ltd
(AG2013/6742)

HICRETE PRECAST (SA) PTY LTD ENTERPRISE AGREEMENT 2013

Cement and concrete products
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 JUNE 2013

Application for approval of the Hicrete Precast (SA) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hicrete Precast (SA) Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hicrete Precast (SA) 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 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 14 June 2013. The nominal expiry date of the Agreement is 13 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Hicrete Precast (SA) Pty Ltd Enterprise Agreement 2013. The applicant was the employer, Hicrete Precast (SA) Pty Ltd, which sought approval from the Fair Work Commission. The application was made under section 233 of the Fair Work Act 2009. The nature of the dispute was primarily procedural, concerning the proper process for approving the enterprise agreement and the obligations of the employer in relation to the Fair Work Commission's process.

The legal issues before the court centred on whether the employer had complied with the procedural requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the employer had adequately notified the relevant employees about the application and if the employer had met its obligations under section 173 of the Act, which requires employers to act in good faith. Another issue was whether the enterprise agreement met the requirements under section 230 of the Act, which pertains to the substantive terms of the agreement.

The Fair Work Commission carefully examined the evidence and submissions presented by both parties. The court found that the employer had not fully complied with the notification requirements, as not all employees were adequately informed about the application. However, the court also noted that the employer had acted in good faith and had taken steps to rectify the procedural shortcomings. Regarding the substantive terms of the agreement, the court found that the enterprise agreement met the legislative requirements, including those concerning the terms and conditions of employment. Based on these findings, the court approved the enterprise agreement, noting the procedural deficiencies but emphasising the good faith efforts of the employer and the compliance of the agreement with 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