The Precasters Pty Ltd

[2013] FWCA 86

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Precasters Pty Ltd
(AG2012/13084)

THE PRECASTERS PTY LTD ENTERPRISE AGREEMENT 2012

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 7 JANUARY 2013

Application for approval of The Precasters Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Precasters Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Precasters Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 7.4, 7.7, 8.6 and 11.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 14 January 2013. The nominal expiry date of the Agreement is 12 December 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The Precasters Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement was made between The Precasters Pty Ltd and the Construction, Forestry, Mining and Energy Union, which represented the employees. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other workplace provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The legal issues that the Commission needed to address included whether the agreement provided for a fair and reasonable set of terms and conditions for the employees. Additionally, the Commission had to ensure that the agreement did not undermine the safety and health of employees, and that it complied with the relevant industrial laws and regulations. The Commission also needed to consider whether the agreement had been made in good faith and without coercion.

The Fair Work Commission found that the enterprise agreement provided for fair and reasonable terms and conditions for the employees, and that it did not undermine their safety and health. The Commission determined that the agreement was made in good faith and without coercion, and that it complied with the relevant industrial laws and regulations. The Commission approved the enterprise agreement, finding that it met the legal requirements for approval.

The Commission made orders approving the enterprise agreement, subject to certain conditions. The orders also provided for the agreement to be registered with the Fair Work Commission and for it to be in effect for a period of five years. The orders also provided for the agreement to be subject to review by the Commission after three years, to ensure that it continued to meet the legal requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established