Rapid Pre-Cast Pty Ltd

[2014] FWCA 1000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rapid Pre-Cast Pty Ltd
(AG2014/3545)

RAPID PRE-CAST PTY LTD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 FEBRUARY 2014

Application for approval of the Rapid Pre-Cast Pty Ltd Enterprise Agreement 2014-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 February 2014 by Rapid Pre-Cast Pty Ltd for the approval of a single-enterprise agreement known as the Rapid Pre-Cast Pty Ltd Enterprise Agreement 2014-2017 (“the Agreement”).

[2] On 14 February 2014 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rapid Pre-Cast Pty Ltd sought approval of the Rapid Pre-Cast Pty Ltd Enterprise Agreement 2014-2017. The application was made under section 232 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment of the company's workers, particularly those in the pre-cast concrete industry. The Commission was tasked with determining whether the agreement met the requirements for approval as set out in the legislation.

The central legal issue before the Commission was whether the agreement contained terms that were contrary to the public interest or were otherwise invalid under the Fair Work Act. This involved assessing the fairness and reasonableness of the agreement's provisions, including wages, working hours, and other employment conditions, to ensure they complied with the statutory framework designed to protect employees' rights and interests. The Commission also needed to consider whether the agreement had been made in good faith and whether it provided for a genuine enterprise agreement.

After examining the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable. The terms provided adequate protections for employees and were consistent with industry standards. The Commission concluded that the agreement met all legal requirements for approval and did not contravene any public interest considerations. Consequently, the Commission approved the Rapid Pre-Cast Pty Ltd Enterprise Agreement 2014-2017, ensuring that it would govern the employment conditions of the workers within the specified period.

The final orders of the Commission were that the agreement be approved as a registered agreement, effective from the date of the decision, and that it would be listed on the Register of Approved Agreements. This decision provided certainty to both the employer and the employees regarding their rights and obligations under the agreement for the duration of its validity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established