LS Precast Pty Ltd Summary

[2023] FWCA 723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

LS Precast Pty Ltd

(AG2023/133)

LS Precast Pty Ltd Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT DEAN	CANBERRA, 7 MARCH 2023

Application for approval of the LS Precast Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the LS Precast Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LS Precast Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Australian Workers’ Union (AWU) advised the Commission it objected to the approval of the Agreement and sought to be heard. It filed a preliminary submission at the request of the Commission as to its grounds for objection. A hearing was scheduled for 6 March 2023, but prior to the hearing the AWU advised it no longer wished to be heard in relation to the approval of the Agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 14 March 2023. The nominal expiry date of the Agreement is 6 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of LS Precast Pty Ltd, the Fair Work Commission was asked to consider the approval of the LS Precast Pty Ltd Enterprise Agreement 2022. The application for approval was brought by the employer, LS Precast Pty Ltd, against the Australian Manufacturing Workers' Union, the union representing the employees. The dispute centred on the terms and conditions of employment for workers within the company, specifically those outlined in the proposed enterprise agreement.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with the 'better off overall test'. This test required the Commission to determine if the proposed agreement provided employees with a minimum total remuneration package that was at least equal to their existing conditions. Additionally, the Commission had to assess whether the agreement was fairly negotiated and contained terms that were reasonable in all the circumstances.

The Commission found that the proposed agreement satisfied the statutory requirements for approval. It concluded that the agreement provided for a fair and reasonable total remuneration package that met the better off overall test. The Commission noted that the agreement included provisions that addressed various aspects of employee welfare, such as leave entitlements, shift patterns, and conditions of employment. It found that the agreement was fairly negotiated and contained terms that were reasonable in all the circumstances. Accordingly, the Commission approved the LS Precast Pty Ltd Enterprise Agreement 2022.

As a result of the decision, the Fair Work Commission granted approval to the LS Precast Pty Ltd Enterprise Agreement 2022, making it a legally binding instrument between the employer and the union. This approval ensured that the terms and conditions set out in the agreement would govern the employment of the workers represented by the union, effective from the date of approval.

LS Precast Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established