DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precast Tasmania Pty Ltd
(AG2016/6022)

PRECAST TASMANIA AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Precast Tasmania Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Precast Tasmania Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precast Tasmania Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Precast Tasmania Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Precast Tasmania Agreement 2016. This agreement was proposed as an enterprise agreement between Precast Tasmania Pty Ltd, an employer in the concrete products manufacturing industry, and the Australian Manufacturing Workers' Union, representing a number of employees. The dispute centred on the procedural fairness and appropriateness of the agreement, specifically regarding the negotiation process and the agreement's compliance with relevant labour laws.

The legal issues before the court encompassed whether the union had properly represented its members in the negotiation of the agreement, whether the process adhered to the requirements set forth in the Fair Work Act 2009, and whether the terms of the agreement were fair and reasonable. Additionally, the court had to consider if the agreement met the 'better off overall test' as stipulated by the legislation, ensuring that employees would not be worse off financially as a result of the new agreement.

The Fair Work Commission found that the union had adequately represented its members, and the negotiation process was conducted in a procedurally fair manner. The court also determined that the agreement met the better off overall test, as it provided various benefits to employees that outweighed any financial disadvantages. Consequently, the Commission approved the Precast Tasmania Agreement 2016, recognising it as a fair and reasonable enterprise agreement for the employees involved.

Precast Tasmania Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established