DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Precast Pty Ltd
(AG2017/539)

HUNTER PRECAST ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 10 APRIL 2017

Application for approval of the Hunter Precast Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Precast 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 by Hunter Precast Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 10 April 2017 and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 10 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hunter Precast Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Hunter Precast Enterprise Agreement 2017. The applicant, Hunter Precast Pty Ltd, is a company engaged in the precast concrete industry, and the respondents included the Construction, Forestry, Maritime, Mining and Energy Union and the Concrete Products Industry Superannuation and Retirement Fund. The dispute centred around the terms of the proposed enterprise agreement, specifically whether it complied with the relevant legislative requirements under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for being a lawful and valid enterprise agreement, including assessing whether the agreement had been fairly negotiated and if it contained all the necessary provisions.

The primary legal issue the Commission had to resolve was whether the enterprise agreement was appropriately negotiated and included all the necessary terms as required by the Fair Work Act 2009. The Commission examined the process by which the agreement was negotiated, the participation of the parties, and whether the agreement provided for the minimum entitlements as prescribed by the Act. Furthermore, the Commission assessed whether the agreement included all the mandatory terms specified in the Fair Work Regulations 2009 and if it was consistent with the principles of good faith bargaining.

After thorough consideration of the evidence and submissions presented, the Commission found that the Hunter Precast Enterprise Agreement 2017 was fairly negotiated and contained all the necessary provisions. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The agreement was approved by the Commission, which determined it was in the best interests of the employees and the employer to proceed with the terms outlined in the agreement. Consequently, the application for approval of the enterprise agreement was granted.

The Commission ordered that the Hunter Precast Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. This approval is effective from the date specified in the agreement and will apply to all employees of Hunter Precast Pty Ltd who are covered by the agreement. The decision ensures that the terms of the agreement are legally binding and enforceable, providing a framework for the relationship between the employer and the employees for the duration of the agreement.

Hunter Precast 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