DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Precast Pty Ltd
(AG2021/5297)

HUNTER PRECAST ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 10 JUNE 2021

Application for approval of the Hunter Precast Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Precast Enterprise Agreement 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 17 June 2021. The nominal expiry date of the Agreement is 10 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Precast Pty Ltd was the applicant seeking approval of the Hunter Precast Enterprise Agreement 2021 under the Fair Work Act 2009. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for certification as a registered enterprise agreement. The dispute arose from negotiations between the company and its employees, represented by the Building and Construction General Onsite Workers’ Union of Australia, regarding terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for an enterprise agreement. This included assessing whether the agreement was made in good faith, whether it was free from any form of coercion or harassment, and if it provided for the proper operation of the enterprise. Additionally, the Commission had to determine if the agreement included certain prescribed terms and if it was in the best interests of the employees.

The Commission found that the agreement was made in good faith and without any form of coercion or harassment. It held that the agreement was properly negotiated and contained all the prescribed terms as required by the Fair Work Act. The Commission was satisfied that the agreement was fair and in the best interests of the employees, considering the economic and social context of the enterprise. Consequently, the Commission approved the Hunter Precast Enterprise Agreement 2021, certifying it as a registered enterprise 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