DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Constructive PD Pty Ltd
(AG2019/1541)

CONSTRUCTIVE PD PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2019

Application for approval of the Constructive PD Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Constructive PD Pty Ltd 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 Constructive PD Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 17 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Constructive PD Pty Ltd, an applicant, sought approval of the Constructive PD Pty Ltd Enterprise Agreement 2019 in the Fair Work Commission. The matter was heard by the Commission’s delegate, Mr T.A.C. Jones. The dispute involved whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly concerning its compliance with the ‘better off overall test’ and procedural fairness.

The primary legal issues were whether the agreement complied with the statutory requirements for approval, including the provision of a better outcome for the employees and whether the process by which the agreement was negotiated and concluded was fair and appropriate. The applicant argued that the agreement provided benefits to employees, while the respondent contended that the process leading to the agreement was flawed.

The delegate concluded that the agreement met the statutory criteria for approval. The agreement was found to be consistent with the statutory requirement of being better off overall for the employees, as it provided various benefits that outweighed any potential drawbacks. Furthermore, the delegate found that the process of negotiation and conclusion of the agreement was procedurally fair, as there was evidence of genuine attempts to negotiate in good faith and the agreement was supported by a majority of the employees. Therefore, the delegate approved the agreement.

The Fair Work Commission approved the Constructive PD Pty Ltd Enterprise Agreement 2019, subject to the conditions set out in the decision. The approval was made effective from the date of the decision, ensuring that the agreement would apply to the employees as intended.

Constructive PD 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