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

[2018] FWCA 7508

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/5101)

BCP Precast Warnervale Enterprise Agreement 2017

Cement and concrete products
Commissioner McKinnon	SYDNEY, 11 DECEMBER 2018

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

An application has been made for approval of an enterprise agreement known as the BCP Precast Warnervale Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precast Civil Industries Pty. Ltd. T/A BCP Precast. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, 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.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2018. The nominal expiry date of the Agreement is 16 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this matter were Precast Civil Industries Pty. Ltd., trading as BCP Precast, and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute before the Fair Work Commission involved an application for the approval of the BCP Precast Warnervale Enterprise Agreement 2017. The union and the employer had reached an agreement on various terms and conditions of employment, which they sought to have approved by the Commission to become a legally binding enterprise agreement. The legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act 2009 and whether it met the substantive requirements of being a bona fide enterprise agreement. The Commission had to examine the process by which the agreement was negotiated and whether it was fair and reasonable in the circumstances.

The Commission found that the procedural requirements had been satisfied as the agreement was the product of genuine and meaningful bargaining between the parties. The union had provided sufficient evidence of its representativeness, and the employer had engaged in good faith negotiations. On the substantive requirements, the Commission concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the business, the economic circumstances, and the need for a sustainable and productive workplace. The Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of disputes and that it did not undermine the operation of the safety net provided by the National Employment Standards and modern awards. As a result, the Commission approved the BCP Precast Warnervale Enterprise Agreement 2017, which now legally binds the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established