The Trustee for PCC Unit Trust T/A Precision Concrete Constructions Pty Ltd Summary

[2013] FWCA 112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustee for PCC Unit Trust T/A Precision Concrete Constructions Pty Ltd
(AG2012/14235)

PRECISION CONCRETE CONSTRUCTION PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Precision Concrete Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Precision Concrete Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for PCC Unit Trust T/A Precision Concrete Constructions 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] The Construction, Forestry, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 January 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Federal Circuit Court, the trustee for the PCC Unit Trust, trading as Precision Concrete Constructions Pty Ltd, applied for the approval of the Precision Concrete Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made under section 231 of the Fair Work Act 2009, seeking the court's endorsement of the enterprise agreement to address the current dispute and ensure compliance with the statutory requirements.

The central legal issue the court needed to resolve was whether the enterprise agreement met all the necessary conditions for approval as stipulated in the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it complied with the relevant provisions of the Act, including those concerning the proper representation of employees and the fairness of the terms and conditions.

The court determined that the enterprise agreement was made in good faith and that it complied with all statutory requirements. The agreement was found to be fair and reasonable, considering the evidence presented and the context of the industry. The court noted that the agreement provided adequate protections for employees and that the process leading to its creation was transparent and inclusive. Consequently, the court approved the enterprise agreement, endorsing it as compliant with the Act.

The final orders of the court were that the Precision Concrete Construction Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved, with the approval to be effective from the date of the court's decision. This ruling ensured that the agreement would govern the employment conditions for the employees of Precision Concrete Constructions Pty Ltd and that it would be legally binding.

The Trustee for PCC Unit Trust T/A Precision Concrete Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established