DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Precast Reinforcement Pty Ltd T/A Precision Precast Reinforcement
(AG2017/1388)

PRECISION PRECAST REINFORCEMENT PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 MAY 2017

Application for approval of the Precision Precast Reinforcement Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Precision Precast Reinforcement Pty Ltd 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 Precision Precast Reinforcement Pty Ltd T/A Precision Precast Reinforcement. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 22 May 2017 and, in accordance with s.54, will operate from 29 May 2017. The nominal expiry date of the Agreement is 22 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Precision Precast Reinforcement Pty Ltd, trading as Precision Precast Reinforcement, for approval of the Enterprise Agreement 2017. This agreement was made between the company and its employees. The nature of the dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues the court was required to decide included whether the agreement had been made in good faith, whether it provided for the proper classification of employees, and if it complied with the terms of the Fair Work Act. Furthermore, the court needed to assess if the agreement included provisions for adequate dispute resolution mechanisms and whether it ensured fair treatment of employees.

The court began its analysis by examining the process through which the agreement was negotiated, finding that it had been conducted in good faith. The agreement's provisions were evaluated to determine if they appropriately classified employees and if they aligned with the requirements set out in the Fair Work Act. The court also scrutinised the dispute resolution mechanisms outlined in the agreement, confirming that they were adequate and fair. Ultimately, the court found that the agreement met all the statutory requirements and was approved for registration. The decision was based on the comprehensive evidence provided by the parties, demonstrating that the agreement was fair and balanced, thus meeting all legislative criteria for approval.

Precision Precast Reinforcement Pty Ltd T/A Precision Precast Reinforcement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established