Hunter Precast Pty Ltd

[2014] FWCA 1275

FAIR WORK COMMISSION

DECISION

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

Hunter Precast Pty Ltd
(AG2013/12198)

HUNTER PRECAST ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 20 FEBRUARY 2014

Application for approval of the Hunter Precast Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Precast 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 Hunter Precast Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence on 28 January 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 February 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Precast Pty Ltd, an employer, and the Construction, Forestry, Mining and Energy Union, on behalf of its members, were the parties involved in the dispute. The matter was heard in the Fair Work Commission (FWC), an Australian workplace relations tribunal. The dispute centred around the application for approval of the Hunter Precast Enterprise Agreement 2013. The union argued that the agreement did not adequately provide for the rights and conditions of employment of its members.

The legal issues before the FWC included whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for the minimum terms and conditions as per the relevant awards. Specifically, the FWC needed to determine if the agreement contained provisions that were below the minimum standards or if it provided for a proper balance of workplace flexibility and fairness. The union raised concerns that certain clauses might not provide sufficient protections for employees and questioned the fairness of the proposed changes.

The FWC carefully examined the provisions of the agreement, considering the evidence presented by both parties. After reviewing the agreement, the FWC found that while some of the union's concerns were valid, the overall agreement did provide for the minimum terms and conditions as required by the Act. The tribunal concluded that the agreement was fair and reasonable, taking into account the need for flexibility in the industry and the protection of employees' rights. Consequently, the FWC approved the Hunter Precast Enterprise Agreement 2013.

The FWC issued an order approving the Hunter Precast Enterprise Agreement 2013, effective from the date of the decision. The agreement was to apply to all employees covered by the union's enterprise bargaining rights, providing a framework for their employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established