The Precasters Pty Ltd Summary

[2016] FWCA 219

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Precasters Pty Ltd

(AG2015/7651)

THE PRECASTERS PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania

COMMISSIONER LEE

MELBOURNE, 13 JANUARY 2016

Application for approval of The Precasters Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The

Precasters 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 The Precasters Pty

Ltd. 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.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

20 January 2016. The nominal expiry date of the Agreement is 12 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Precasters Pty Ltd applied for the approval of an enterprise agreement under section 185 of the Fair Work Act 2009. The application was made to approve the "The Precasters Pty Ltd Enterprise Agreement 2015." The case was heard in Melbourne on 13 January 2016 by Commissioner Lee. The enterprise agreement in question is a single agreement, and the applicant was The Precasters Pty Ltd.

The legal issues the court needed to decide were whether the application for approval met the requirements of sections 186, 187, and 188 of the Fair Work Act. The court also needed to determine whether the model consultation term prescribed by the Fair Work Regulations 2009 was included as a term of the Agreement, as required by section 205(2) of the Act.

The court found that the application for approval met all the necessary requirements under sections 186, 187, and 188 of the Act. The model consultation term prescribed by the Fair Work Regulations 2009 was also deemed to be a term of the Agreement, as required by section 205(2) of the Act. The court approved the enterprise agreement, which will operate from 20 January 2016 and will expire on 12 December 2018, in accordance with section 54 of the Act.

The Precasters Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established