Peter Deligiaouris T/A Reinforced Concrete Pipes Australia Vic Pty Ltd

[2023] FWCA 1955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Peter Deligiaouris T/A Reinforced Concrete Pipes Australia Vic Pty Ltd

(AG2023/2023)

APPLICATION FOR APPROVAL OF THE REINFORCED CONCRETE PIPES AUSTRALIA (VIC) PTY LTD WORKPLACE AGREEMENT 2023 - KILMORE

Cement and concrete products
COMMISSIONER JOHNS	MELBOURNE, 29 JUNE 2023

Application for approval of the Reinforced Concrete Pipes Australia (VIC) Pty Ltd Workplace Agreement 2023 - Kilmore

An application has been made for approval of an enterprise agreement known as the REINFORCED CONCRETE PIPES AUSTRALIA (VIC) PTY LTD WORKPLACE AGREEMENT 2023 - KILMORE (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peter Deligiaouris T/A Reinforced Concrete Pipes Australia Vic Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2023. The nominal expiry date of the Agreement is 28 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Peter Deligiaouris, trading as Reinforced Concrete Pipes Australia Vic Pty Ltd, applied for the approval of a workplace agreement, specifically the Reinforced Concrete Pipes Australia (VIC) Pty Ltd Workplace Agreement 2023, under the provisions of the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, with the union arguing that certain provisions did not comply with the requirements of the Fair Work Act and the National Employment Standards.

The central legal issues before the Commission were whether the proposed workplace agreement met the criteria for approval under the Fair Work Act, and whether it complied with the National Employment Standards. The key areas of contention were the provisions relating to minimum wages, overtime, penalty rates, leave entitlements, and the process for resolving disputes. The union argued that the proposed agreement failed to provide adequate protections for employees and did not align with the provisions of the National Employment Standards.

The Commission examined the proposed workplace agreement in detail, considering the arguments from both parties. It assessed whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the requirements for individual flexibility agreements under the Fair Work Act. The Commission found that while the proposed agreement contained provisions that generally met the legislative requirements, certain sections needed to be amended to ensure compliance with the National Employment Standards. After considering the submissions and the evidence provided, the Commission approved the agreement with some modifications to address the union's concerns.

The final orders of the Commission required that the proposed agreement be amended to include provisions that ensured compliance with the National Employment Standards, particularly in relation to minimum wages, overtime, penalty rates, and leave entitlements. The agreement was approved subject to these amendments, ensuring that it provided for fair and reasonable terms and conditions of employment while meeting the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established