Reinforced Concrete Pipes Australia (Qld) Pty Ltd

[2023] FWCA 2814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Reinforced Concrete Pipes Australia (Qld) Pty Ltd

(AG2023/2682)

REINFORCED CONCRETE PIPES AUSTRALIA (QLD) PTY LTD WORKPLACE AGREEMENT 2023 - YATALA

Cement and concrete products
COMMISSIONER DURHAM	BRISBANE, 1 SEPTEMBER 2023

Application for approval of the Reinforced Concrete Pipes Australia (QLD) Pty Ltd Workplace Agreement 2023 - Yatala

An application has been made for approval of an enterprise agreement known as the Reinforced Concrete Pipes Australia (QLD) Pty Ltd Workplace Agreement 2023 - Yatala (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 (Qld) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3.2b of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of an application for approval of the Reinforced Concrete Pipes Australia (Qld) Pty Ltd Workplace Agreement 2023 was heard. The applicant, Reinforced Concrete Pipes Australia (Qld) Pty Ltd, sought approval for the workplace agreement from the Commission, pursuant to section 234 of the Fair Work Act 2009. The agreement was intended to govern the employment of workers within the company.

The primary legal issue before the Commission was whether the workplace agreement met the requirements of section 231 of the Fair Work Act 2009. This section mandates that a workplace agreement must provide for the terms and conditions of employment and must not be contrary to the provisions of the Fair Work Act 2009 or the National Employment Standards. The Commission had to ensure that the agreement provided for appropriate terms and conditions and did not contravene any statutory provisions.

The Commission examined the agreement clause by clause and considered submissions from both parties. The applicant argued that the agreement was fair and reasonable, providing for a transparent and effective framework for the employment of its workers. The Commission took into account the nature of the industry and the specific terms of the agreement. After careful consideration, the Commission concluded that the agreement met the statutory requirements and did not contravene any provisions of the Fair Work Act 2009. Therefore, the Commission approved the Reinforced Concrete Pipes Australia (Qld) Pty Ltd Workplace Agreement 2023.

The Commission made orders approving the agreement, which will now govern the employment of workers within the company. The approval was contingent on compliance with the terms of the agreement and adherence to the Fair Work Act 2009. The decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established