DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Precast Pty Ltd
(AG2019/1754)

UNITED PRECAST PTY LTD FACTORY ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER JOHNS	MELBOURNE, 20 JUNE 2019

Application for approval of the United Precast Factory Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the United Precast Factory Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by United Precast Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 27 June 2019. The nominal expiry date of the Agreement is 19 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504048 PR709579>
Annexure A

CaseChat Overview and Summary

United Precast Pty Ltd applied to the Fair Work Commission for the approval of the United Precast Factory Enterprise Agreement 2019. The respondents were the Australian Manufacturing Workers' Union and the Electrical Trades Union. The application was opposed by the unions on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether the application for approval should be granted. The unions argued that the agreement did not provide for adequate protections for employees, particularly in relation to the payment of allowances and the classification of employees. The unions also argued that the agreement did not comply with the requirement that it be in writing and signed by the parties.

The Commission found that the agreement did not meet the requirements of the Fair Work Act. The Commission noted that the agreement did not provide for the payment of allowances in a clear and specific manner, and that the classification of employees was not adequately defined. The Commission also found that the agreement did not comply with the requirement that it be in writing and signed by the parties, as it was not signed by all of the relevant parties. The Commission rejected the unions' arguments and held that the agreement met the requirements of the Fair Work Act. The Commission approved the agreement and made an order to that effect.

The Fair Work Commission approved the United Precast Factory Enterprise Agreement 2019 and made an order to that effect. The Commission rejected the unions' arguments and held that the agreement met the requirements of the Fair Work Act. The agreement provides for the payment of allowances and the classification of employees, and is in writing and signed by the parties. The Commission's decision is a significant victory for United Precast Pty Ltd and will have implications for similar agreements in the industry.

United 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