DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hicrete Precast Systems Pty Ltd
(AG2017/1567)

HICRETE PRECAST SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 26 MAY 2017

Application for approval of the Hicrete Precast Systems Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hicrete Precast Systems Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made byHicrete Precast Systems Pty Ltd T/As Hicrete Precast Systems. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2017. The nominal expiry date of the Agreement is 25 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hicrete Precast Systems Pty Ltd applied for the Fair Work Commission's approval of the Hicrete Precast Systems Pty Ltd Enterprise Agreement 2017. The application was made by Hicrete Precast Systems Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The dispute centred around the terms and conditions of the enterprise agreement and whether they met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement was made in good faith and whether it provided for the proper regulation of terms and conditions of employment. The court also had to consider whether the agreement met the minimum standards set by the Fair Work Act and if the application process was followed correctly. Furthermore, the court needed to determine if there was adequate consultation and representation of the employees' interests in the agreement.

The Fair Work Commission approved the application after considering the submissions from both parties. The court found that the agreement was made in good faith and provided for the proper regulation of terms and conditions of employment. It was determined that the agreement met the minimum standards required by the Fair Work Act and that the application process was correctly followed. The court was satisfied that there was adequate consultation and representation of the employees' interests in the agreement. Therefore, the Hicrete Precast Systems Pty Ltd Enterprise Agreement 2017 was approved by the Fair Work Commission.

Hicrete Precast Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established