Reinforced Concrete Pipes Australia (NSW) Pty Ltd

Case •

[2023] FWCA 2977

•

14 SEPTEMBER 2023
[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE521512  PR766242>

Annexure A

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