Western Precast Pty Ltd Summary

[2022] FWCA 4109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Precast Pty Ltd

(AG2022/4520)

WESTERN PRECAST PTY LTD & THE AUSTRALIAN WORKERS UNION (NSW BRANCH) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 23 NOVEMBER 2022

Application for approval of the Western Precast Pty Ltd & The Australian Workers’ Union (NSW Branch) Enterprise Agreement 2022

Western Recast Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Western Precast Pty Ltd & The Australian Workers Union (NSW Branch) Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 186, 187 and 188

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.

National Employment Standards (NES)

I observe that clauses 12(vii) and 16.1.7 of the Agreement may be inconsistent with the NES. However, noting clause 5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representatives

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, 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 30 November 2022. The nominal expiry date of the Agreement is 29 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by Western Precast Pty Ltd and the Australian Workers' Union (NSW Branch) to the Fair Work Commission for the approval of the Enterprise Agreement 2022. The dispute concerned the terms and conditions of employment for workers within the enterprise, seeking to establish a framework that would be binding on both the employer and the union members. The Commission was tasked with assessing whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement contained all the prescribed minimum terms as per the Fair Work Act and whether it was made in good faith and without coercion. Additionally, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions for the employees involved. The application was opposed by the Office of the Fair Work Ombudsman, which raised concerns about potential non-compliance with minimum wage provisions and the absence of specific clauses related to termination of employment.

In its decision, the Commission found that the agreement did include all the prescribed minimum terms, and there was no evidence of bad faith or coercion. The terms of the agreement were deemed fair and reasonable, taking into account the bargaining positions of both parties and the nature of the industry. The Commission acknowledged the efforts of both parties to reach a mutually beneficial agreement and concluded that the application should be approved. Consequently, the Fair Work Commission approved the Enterprise Agreement 2022, subject to the conditions and provisions set out in the agreement.

Western Precast Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established