Western Precast Pty Ltd

[2025] FWCA 2857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Precast Pty Ltd

(AG2025/2572)

WESTERN PRECAST PTY LTD AND THE AUSTRALIAN WORKERS’ UNION (NSW BRANCH) ENTERPRISE AGREEMENT 2025 – 2028

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 26 AUGUST 2025

Application for approval of the Western Precast Pty Ltd and The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2025 - 2028

Western Precast Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Western Precast Pty Ltd and the Australian Workers’ Union (NSW Branch) Enterprise Agreement 2025 – 2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The Australian Workers’ Union (AWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 2 September 2025. The nominal expiry date of the Agreement is 29 August 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Western Precast Pty Ltd and The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2025-2028, the Fair Work Commission was presented with a request to approve an enterprise agreement that sought to govern the terms and conditions of employment for Western Precast Pty Ltd's employees. The Australian Workers’ Union (NSW Branch) and Western Precast Pty Ltd had reached an agreement that they believed was fair and reasonable, yet the Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the requirements of the Fair Work Act, particularly in relation to procedural fairness and the 'better off overall test'. This test ensures that employees are no worse off financially under the new agreement and are better off overall when compared to the existing award or agreement. Additionally, the Commission needed to consider whether the agreement adhered to the 'good faith' requirement and whether it contained any provisions that might be considered contrary to public policy.

Upon reviewing the evidence and submissions presented by both parties, the Commission found that the enterprise agreement did indeed meet the criteria set out in the Fair Work Act. The agreement was deemed to be fair and reasonable as it ensured employees were better off overall, and the process through which the agreement was negotiated was found to be procedurally fair. The Commission was satisfied that both parties had acted in good faith and that the agreement did not contain any provisions that contravened public policy. Consequently, the Commission approved the enterprise agreement.

The final order of the Commission was that the Western Precast Pty Ltd and The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2025-2028 be approved, effective from the date of the decision. This approval means that the agreement will govern the terms and conditions of employment for Western Precast Pty Ltd's employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established