DECISION

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

LS Precast Pty Ltd
(AG2018/4643)

LS PRECAST PTY LTD ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 4 DECEMBER 2018

Application for approval of the LS Precast Pty Ltd Enterprise Agreement 2018.

[1] LS Precast Pty Ltd (LS Precast) has applied for approval of a single-enterprise agreement known as the LS Precast Pty Ltd Enterprise Agreement 2018 (the Agreement).

[2] On 22 November 2018 I issued a Decision setting out my preliminary findings in relation to the Agreement (the Interim Decision). 1

[3] LS Precast filed written undertakings in response to the Interim Decision on 29 November 2018. A copy of the undertakings is attached in Annexure A. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Australian Workers’ Union (AWU) were each given an opportunity to express their views on the proposed undertakings and did not to do so.

[4] I am satisfied that the undertakings given by LS Precast will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] With the undertakings now provided, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2018. The nominal expiry date of the Agreement is 3 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

1 LS Precast Pty Ltd [2018] FWC 7163

CaseChat Overview and Summary

LS Precast Pty Ltd, the employer, applied to the Fair Work Commission for approval of an enterprise agreement made with their employees. The Fair Work Commission heard the application, which involved several employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed agreement.

The legal issues before the Fair Work Commission involved determining whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it provided for a safety net of minimum terms and conditions, and whether it was free from any contraventions of the Act. Additionally, the court had to assess if the agreement was made in good faith and whether it was appropriately certified by the relevant union.

The Fair Work Commission examined the terms of the agreement and considered the evidence provided by both parties. It assessed whether the proposed agreement provided for a safety net of minimum terms and conditions and did not include any terms that were less favourable than the applicable award or the general industrial awards. The Commission also considered whether the agreement was made in good faith and whether it was appropriately certified by the CFMEU. After careful consideration, the Commission found that the agreement was fair and appropriate, and approved it. The decision was made on the basis that the agreement provided a safety net of minimum terms and conditions, was free from any contraventions of the Act, and was made in good faith.

The Fair Work Commission approved the LS Precast Pty Ltd Enterprise Agreement 2018, effective from the date of the decision. The agreement is now registered and binding on all parties involved. The approval ensures that the employees will receive the terms and conditions outlined in the agreement, which the Commission found to be fair and appropriate.

LS 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