DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Pre-Cast Pty Ltd
(AG2016/8007)

RAPID PRE-CAST PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the Rapid Pre-cast Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Pre-cast 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 Rapid Pre-cast 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2017. The nominal expiry date of the Agreement is 12 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Rapid Pre-cast Pty Ltd Enterprise Agreement 2017. The parties involved are Rapid Pre-cast Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the union. The dispute centres around the union's application for the agreement's approval, with the employer contesting certain provisions.

The legal issues addressed by the court involved the fairness and compliance of the agreement with the Fair Work Act 2009. Specifically, the employer challenged the union's right to negotiate and the provisions regarding shift penalties and overtime. The union argued that the agreement was fair and reasonable and complied with the relevant legislative requirements.

In its decision, the Fair Work Commission assessed the agreement's provisions against the criteria set out in the Fair Work Act. The Commission found that the union had the right to negotiate the agreement and that the provisions regarding shift penalties and overtime were reasonable. The Commission also noted that the agreement provided for a fair and efficient workplace, with appropriate safeguards for employees. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Rapid Pre-cast Pty Ltd Enterprise Agreement 2017, finding it to be fair and reasonable and in compliance with the Fair Work Act. The agreement provides for a fair and efficient workplace, with appropriate safeguards for employees. The employer's objections were dismissed, and the union's application for approval was granted.

Rapid Pre-Cast 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