United Precast Pty Ltd

[2014] FWCA 8243

FAIR WORK COMMISSION

DECISION

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

United Precast Pty Ltd
(AG2014/7939)

UNITED PRECAST PTY LTD FACTORY ENTERPRISE AGREEMENT 2014

Cement and concrete products
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 NOVEMBER 2014

Application for approval of the United Precast Pty Ltd Factory Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the United Precast Pty Ltd Factory Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Precast Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“Further to Thursday 13 November 2014 telephone conference I hereby confirm that the United Precast Pty Ltd Factory Enterprise Agreement 2014 will be for a period of four (4) years.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 27 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Precast Pty Ltd, the employer, applied to the Fair Work Commission for approval of the United Precast Pty Ltd Factory Enterprise Agreement 2014. This was contested by the Australian Manufacturing Workers' Union, the employee representative, who argued that the proposed agreement did not adequately protect employee entitlements. The matter was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to resolve workplace disputes and approve enterprise agreements.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms, including pay and conditions, and whether it complied with the procedural requirements for approval. The Commission had to consider whether the agreement was made in good faith, whether it provided for procedural fairness, and whether it met the "better off overall test" which required that employees be no worse off financially under the new agreement.

The Fair Work Commission determined that the proposed agreement was fair and reasonable and met all statutory requirements for approval. The Commission found that the agreement provided for appropriate terms and conditions, including pay rates and conditions that were consistent with industry benchmarks. It also found that the agreement was made in good faith and provided for procedural fairness. The Commission concluded that the agreement was better off overall for the employees, as it provided for improved conditions and benefits, and thus approved the agreement.

The Fair Work Commission approved the United Precast Pty Ltd Factory Enterprise Agreement 2014. The Commission found that the agreement met all statutory requirements for approval and provided for fair and reasonable terms and conditions for employees. The agreement was better off overall for employees and was made in good faith, providing for procedural fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established