DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2017/3374)

FRESHMORE (NSW) PTY LTD T/AS ADVANCED PRECAST (AUST) NEW SOUTH WALES AND THE AWU ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust) New South Wales and the AWU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust) New South Wales and the AWU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 September 2017 and, in accordance with s.54, will operate from 28 September 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union lodged an application before the Fair Work Commission for approval of the Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust) New South Wales and the AWU Enterprise Agreement 2017. The agreement was being presented as a safety net improvement agreement, seeking to enhance the terms and conditions of employment for employees in the New South Wales branch of the company. The applicant union argued that the proposed changes would better align the agreement with contemporary industrial standards and provide additional protections for workers.

The central legal issue before the commission was whether the proposed changes in the agreement met the criteria for a safety net improvement agreement under the Fair Work Act 2009. The commission had to determine if the agreement improved the terms and conditions of employment without reducing the overall safety net of protections provided by the relevant award or registered agreement. This involved an analysis of the specific changes proposed and their impact on the existing terms and conditions of employment.

The commission found that the proposed agreement did indeed improve the terms and conditions of employment for the employees in question. It concluded that the changes provided better protections and benefits without undermining the overall safety net. The improvements included enhanced leave provisions, better redundancy entitlements, and adjustments to working hours that better reflected industry standards. The commission emphasised that these changes aligned with the legislative intent to ensure fair and equitable employment terms. Therefore, the application was approved, and the agreement was registered.

The final orders included the registration of the Freshmore (NSW) Pty Ltd t/as Advanced Precast (Aust) New South Wales and the AWU Enterprise Agreement 2017 as a safety net improvement agreement, effective from the date of registration. This decision provided the employees with improved terms and conditions of employment while maintaining the overall protections mandated by the Fair Work Act 2009.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established