DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Precast Pty Ltd
(AG2019/4981)

UNITED PRECAST PTY LTD ON-SITE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 14 JANUARY 2020

Application for approval of the UNITED PRECAST PTY LTD ON-SITE ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the UNITED PRECAST PTY LTD ON-SITE ENTERPRISE AGREEMENT 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Precast Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 9 January 2020. On 13 January 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and of the Act 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 7 days from the date of approval of the Agreement. The nominal expiry date is 13 January 2024.

COMMISSIONER

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CaseChat Overview and Summary

United Precast Pty Ltd sought approval of an on-site enterprise agreement, the UNITED PRECAST PTY LTD ON-SITE ENTERPRISE AGREEMENT 2019, from the Fair Work Commission. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Act, including the need for genuine bargaining, and if it provided for fair and reasonable terms and conditions of employment. The CFMEU's main contention was that the process through which the agreement was formed did not constitute genuine bargaining, particularly because it was not independently facilitated. The Commission examined the process and the contents of the agreement to determine if it was fair and reasonable.

The Fair Work Commission found that the agreement was validly formed and met the requirements of the Act. The Commission noted that the parties had engaged in genuine bargaining, despite the absence of an independent facilitator. It considered the contents of the agreement and found that they provided fair and reasonable terms and conditions of employment. The Commission approved the agreement, rejecting the CFMEU's objections.

In light of the findings, the Fair Work Commission approved the UNITED PRECAST PTY LTD ON-SITE ENTERPRISE AGREEMENT 2019. The CFMEU's application to set aside the approval was dismissed. The agreement now serves as the binding enterprise agreement between United Precast Pty Ltd and its employees covered by the agreement.

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