Precision Precast Reinforcement Pty Ltd

[2022] FWCA 4271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precision Precast Reinforcement Pty Ltd

(AG2022/4801)

Precision Precast Reinforcement Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 6 DECEMBER 2022

Application for approval of the Precision Precast Reinforcement Pty Ltd Enterprise Agreement 2022

Precision Precast Reinforcement Pty Ltd has applied for approval of a single enterprise agreement known as the Precision Precast Reinforcement Pty Ltd Enterprise Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 13 December 2022. The nominal expiry date of the Agreement is 6 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precision Precast Reinforcement Pty Ltd brought an application for the approval of the Precision Precast Reinforcement Pty Ltd Enterprise Agreement 2022. The application was made to the Fair Work Commission, and the respondent was the Australian Manufacturing Workers' Union. The agreement sought to establish terms and conditions for employees within the precast concrete industry. The primary dispute centred around the appropriateness and fairness of the terms outlined in the enterprise agreement.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms, and if it complied with the procedural requirements for enterprise agreements. The consideration included whether the agreement was genuinely negotiated and if it included necessary provisions regarding wages and other conditions.

The Commission found that the agreement was the product of genuine negotiations and contained provisions that were fair and reasonable. The terms were consistent with industry standards and addressed the specific needs of the workforce. The Commission also confirmed that all procedural requirements were met, including proper notice and opportunity for input from the relevant parties. Consequently, the application for approval was successful.

The Fair Work Commission approved the Precision Precast Reinforcement Pty Ltd Enterprise Agreement 2022. The decision was made on the basis that the agreement met all statutory requirements and provided fair terms for the employees. The approval is effective from the date of the Commission's decision and will govern employment conditions until superseded by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established