Precast Civil Industries Pty Ltd T/A BCP Precast

Case •

[2018] FWC 3877

•

29 JUNE 2018
[2018] FWC 3877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precast Civil Industries Pty Ltd T/A BCP Precast

(AG2017/6365)

COMMISSIONER MCKINNON

MELBOURNE, 29 JUNE 2018

Application for approval of the BCP Precast Warnervale Enterprise Agreement 2017.

  1. Precast Civil Industries Pty Ltd T/A BCP Precast (Precast) has applied for approval of a single-enterprise agreement known as the BCP Precast Warnervale Enterprise Agreement 2017 (the Agreement).

  1. On 21 June 2018 I issued a decision setting out my preliminary findings in relation to the Agreement.[1]

  1. On 25 June the Australian Workers’ Union (AWU) filed a statement in response to the concern that undertakings given by Precast in this matter would amount to substantial change to the Agreement. Precast did not file any further response.

  1. I accept the contents of the AWU statement. However, the better off overall test is to be applied in relation to both current and prospective employees. The undertakings provided by Precast amend rates of pay, extend the application of casual loadings, alter the nature of part time engagements, amend the span of hours and terms about overtime and shift loadings. A number of relevant award terms are incorporated either in their entirety, in relation to allowances, redundancy, Saturday work and accident pay, or in part in relation to the classification structure in the Manufacturing and Associated Industries and Occupations Award 2010[2]. When the undertakings are considered as a whole, I consider that they result in substantial changes to the Agreement. As a result, I am unable to accept them.

  1. It follows that I am not satisfied that the agreement passes the better off overall test in accordance with s.186(2)(d) and s.193 of the Act and that the Agreement cannot be approved.

COMMISSIONER

<PR608601>


[1] Precast Civil Industries Pty Ltd T/A BCP Precast [2018] FWC 3672

[2] MA000010

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