Precast Tasmania Pty Ltd Summary

[2022] FWCA 3617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precast Tasmania Pty Ltd

(AG2022/4131)

Precast Tasmania Agreement 2022

Cement and concrete products
COMMISSIONER SPENCER	BRISBANE, 20 OCTOBER 2022

Application for approval of the Precast Tasmania Agreement 2022

An application has been made for approval of an enterprise agreement known as the Precast Tasmania Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Workers’ Union (AWU) 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Precast Tasmania Agreement 2022 was brought before the Fair Work Commission by Precast Tasmania Pty Ltd. The agreement in question is a certified agreement, as defined under section 231 of the Fair Work Act 2009, and the applicant sought its approval. The application was opposed by the Australian Manufacturing Workers' Union. The core of the dispute revolves around whether the agreement should be approved, given the concerns raised by the opposing party regarding the terms and conditions set forth within the agreement.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the public interest and whether it provided for minimum terms and conditions that were not less favourable than those provided for in the relevant awards. Additionally, the Commission considered whether the agreement was made in good faith and whether it had been certified in accordance with the correct procedures.

In determining the application, the Commission undertook a comprehensive review of the agreement, evaluating its provisions against the legislative criteria. The Commission found that the agreement provided for terms and conditions that were not less favourable than those in the relevant awards and that it was made in good faith. Furthermore, the Commission was satisfied that the certification process complied with the necessary procedural requirements. Consequently, the Commission concluded that the agreement was in the public interest and approved the application for its registration.

As a result of the Commission's decision, the Precast Tasmania Agreement 2022 was approved and registered. This outcome signifies that the terms and conditions outlined in the agreement are now legally binding on the parties involved, thereby providing a clear and consistent framework for the employment relationship.

Precast Tasmania Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established