DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precast Civil Industries Pty Ltd T/A BCP Precast
(AG2018/894)

BCP PRECAST STAPYLTON ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 21 SEPTEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the BCP Precast Stapylton 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.

[2] The Employer has provided written undertakings. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Precast Civil Industries Pty Ltd trading as BCP Precast, the Fair Work Commission was tasked with approving the BCP Precast Stapylton Enterprise Agreement 2017. The dispute arose between the employer, Precast Civil Industries Pty Ltd, and the employees represented by the Building Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was brought before the Commission to determine whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it contained the minimum terms and conditions as stipulated by the Act. Specifically, the Commission had to examine whether the agreement was certified as "no disadvantage" and whether it adhered to the relevant minimum standards for pay and conditions. The CFMEU raised concerns about the agreement's procedural validity and its alignment with the minimum terms and conditions.

In delivering its decision, the Commission considered the evidence presented by both parties and reviewed the agreement in detail. The Commission found that the agreement was certified as "no disadvantage" and was thus procedurally valid. It also determined that the agreement met all the minimum terms and conditions as required by the Fair Work Act. Consequently, the Commission approved the BCP Precast Stapylton Enterprise Agreement 2017, finding it to be in compliance with all statutory requirements. The decision was made in favour of the employer, affirming the agreement's validity and effectiveness.

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