DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SA Precast Pty Ltd
(AG2015/7760)

SA PRECAST PTY LTD ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the SA Precast Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SA Precast Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SA Precast Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2016. The nominal expiry date of the Agreement is 8 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SA Precast Pty Ltd recently had its Enterprise Agreement 2015 brought before the Fair Work Commission for approval. The parties involved were SA Precast Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute centred around the terms of the proposed agreement and whether it complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. This involved assessing whether the agreement provided for the terms and conditions of employment, allowed for the freedom of association, and was free from any coercion, which are all statutory requirements. Additionally, the Commission needed to determine if the agreement provided a safety net for employees that was no less favourable than the relevant awards or registered agreements.

In its decision, the Commission found that the agreement did indeed comply with the statutory requirements. It provided for a clear set of terms and conditions, ensured freedom of association, and was free from any elements of coercion. The agreement also provided a safety net that was at least as favourable as the relevant awards and registered agreements. The Commission was satisfied that the agreement would not have an adverse effect on the broader industrial relations system. Consequently, the Commission approved the SA Precast Pty Ltd Enterprise Agreement 2015.

SA Precast 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