DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precast Civil Industries Pty. Ltd. T/A BCP Precast
(AG2019/1844)

BCP PRECAST MOOREBANK ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 JULY 2019

Application for approval of the BCP Precast Moorebank Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BCP Precast Moorebank Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Precast Civil Industries Pty. Ltd. T/A BCP Precast. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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 10 July 2019. The nominal expiry date of the Agreement is 20 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precast Civil Industries Pty. Ltd., trading as BCP Precast, applied for approval of the BCP Precast Moorebank Enterprise Agreement 2019. The application was made under section 231 of the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The dispute involved the terms of the proposed enterprise agreement, including wages, conditions, and dispute resolution mechanisms. The key issue before the Commission was whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for a safety net of minimum entitlements and a streamlined dispute resolution process.

The Fair Work Commission considered the submissions from both BCP Precast and the union representatives. The Commission assessed whether the proposed agreement provided for a safety net of minimum entitlements that complied with the provisions of the Fair Work Act. It also examined whether the agreement contained a streamlined dispute resolution process that was consistent with the legislative requirements. In reaching its decision, the Commission took into account the provisions of the Fair Work Act, as well as relevant case law and regulatory guidelines.

After reviewing the evidence and arguments presented, the Fair Work Commission determined that the BCP Precast Moorebank Enterprise Agreement 2019 was in compliance with the legislative requirements. The Commission found that the agreement provided for a safety net of minimum entitlements and contained a streamlined dispute resolution process, thereby satisfying the criteria set out in the Fair Work Act. Consequently, the Commission approved the agreement, enabling it to be registered and enforced as a binding enterprise agreement. The approval ensures that the terms of the agreement will govern the employment conditions of the relevant workers, providing a stable and legally recognised framework for their employment relationship.

Precast Civil Industries Pty. Ltd. T/A BCP Precast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established