DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Precast Concrete Pty Ltd
(AG2015/5777)

METRO PRECAST CONCRETE ENTERPRISE AGREEMENT 2015

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 OCTOBER 2015

Application for approval of the Metro Precast Concrete Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Metro Precast Concrete Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Precast Concrete Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[4] The Agreement was approved on 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Precast Concrete Pty Ltd recently appeared before the Fair Work Commission, where a dispute concerning the approval of the Metro Precast Concrete Enterprise Agreement 2015 was adjudicated. The applicant, Metro Precast Concrete, sought the Commission's approval of the agreement, which had been negotiated between the company and its employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary contention was whether the agreement complied with the relevant statutory provisions and the principles of good faith bargaining and procedural fairness.

The central legal issues before the Commission involved determining whether the agreement was a "single interest" enterprise agreement, whether it was made in good faith, and whether the procedural fairness requirements were met. Specifically, the Commission needed to assess if the agreement was negotiated in good faith and if the necessary procedural steps were followed, including adequate consultation and the provision of relevant information to the employees. The applicant argued that the agreement was negotiated in good faith and that all procedural requirements were met, while the respondent raised concerns regarding the good faith of the negotiations and the adequacy of the consultation process.

The Commission found that the agreement was a single interest enterprise agreement and was made in good faith. The applicant had demonstrated a willingness to negotiate, considered the respondent's submissions, and made reasonable concessions. The Commission also determined that the procedural fairness requirements were satisfied, as the applicant had provided the necessary information and engaged in meaningful consultation with the respondent. Consequently, the Commission approved the Metro Precast Concrete Enterprise Agreement 2015.

Metro Precast Concrete 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