Reinforced Concrete Pipes Australia (NSW) Pty Ltd

[2023] FWCA 2977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Reinforced Concrete Pipes Australia (NSW) Pty Ltd

(AG2023/2984)

REINFORCED CONCRETE PIPES (NSW) PTY LTD WORKPLACE AGREEMENT 2023 NEW SOUTH WALES

Cement and concrete products
DEPUTY PRESIDENT ROBERTS	SYDNEY, 14 SEPTEMBER 2023

Application for approval of the Reinforced Concrete Pipes (NSW) Pty Ltd Workplace Agreement 2023 New south Wales

An application has been made for approval of an enterprise agreement known as the Reinforced Concrete Pipes (NSW) Pty Ltd Workplace Agreement 2023 New south Wales (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reinforced Concrete Pipes Australia (NSW) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representative has indicated their acceptance of the undertakings provided. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 3.2 of the Agreement provides that should any term of this agreement be less favourable to the employees than the award and National Employment Standards (NES) , the Award or the NES (as the case may be) will prevail over that term to the extent that such term is less favourable.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Reinforced Concrete Pipes Australia (NSW) Pty Ltd recently brought an application before the Fair Work Commission for the approval of their 2023 Workplace Agreement. The company sought approval under the Fair Work Act 2009 to implement changes to employee terms and conditions that deviated from the applicable awards and agreements. The dispute centred around the company's proposed changes to shift loading and penalty rates for weekend work, which were contested by the union representing the employees.

The key legal issues before the Commission were whether the proposed changes in the agreement were in compliance with the Fair Work Act and whether they met the 'better off overall test'. The company argued that the changes were necessary to remain competitive and would ultimately benefit employees by providing greater flexibility and potentially higher earnings. The union, on the other hand, contended that the proposed changes would negatively impact employee conditions and were not justified under the circumstances.

In its decision, the Commission found that the proposed changes did indeed meet the 'better off overall test'. The Commission considered various factors, including the overall financial package, the nature of the work, and the benefits to employees. The Commission was satisfied that the employees would be better off with the new agreement, particularly in light of the additional financial incentives and the flexibility it provided. Consequently, the Commission approved the Workplace Agreement as proposed by Reinforced Concrete Pipes Australia (NSW) Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established