Employment Advocacy Solutions Pty Ltd Summary

[2014] FWCA 2221

FAIR WORK COMMISSION

DECISION

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

Employment Advocacy Solutions Pty Ltd
(AG2014/641)

PEACHEY CONSTRUCTIONS SINGLE ENTERPRISE AGREEMENT FEBRUARY 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 JUNE 2014

Application for approval of the Peachey Constructions Single Enterprise Agreement February 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 March 2014 by Employment Advocacy Solutions Pty Ltd for the approval of a single-enterprise agreement known as the Peachey Constructions Single Enterprise Agreement February 2014(“the Agreement”).

[2] The application was subject to a hearing on 29 May 2014 and further post-hearing exchanges regarding the better off overall test.

[3] On 30 June 2014, the Employer provided undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[4] While a number of undertakings have been provided by the Employer, I do not consider the purpose and intent of the Agreement to have changed substantially. This is because the undertakings are to the benefit of the employees covered by the Agreement and do not otherwise change the coverage of the Agreement or significantly alter the hours of work (to the disadvantage of the employees covered by the Agreement).

[5] In light of the Employer’s undertakings, 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.

[6] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Employment Advocacy Solutions Pty Ltd applied for the approval of the Peachey Constructions Single Enterprise Agreement February 2014. The application was made under section 186 of the Fair Work Act 2009, and the parties involved were Employment Advocacy Solutions Pty Ltd as the employer and the Construction, Forestry, Maritime, Mining and Energy Union as the employee representative. The dispute centred on whether the agreement met the requirements of the Fair Work Act, including the need for the agreement to facilitate the improvement of employees' work-life balance.

The legal issues before the court were primarily concerned with whether the agreement adequately covered the mandatory terms set out in the Fair Work Act and whether it provided a safety net for employees. The court had to determine if the agreement sufficiently addressed minimum wages, penalty rates, leave provisions, and other entitlements as mandated by the Act. Additionally, the court examined whether the agreement ensured that employees would not be worse off financially or in terms of conditions compared to the relevant award or enterprise agreement.

The court, after reviewing the agreement and the submissions from both parties, found that the agreement largely met the statutory requirements. It was noted that the agreement contained provisions for minimum wages, leave entitlements, and other mandatory terms. While there were some minor deficiencies, these were not substantial enough to warrant refusal of approval. The court also considered the submissions from the employee representative and the employer, ultimately concluding that the agreement provided a safety net for employees and did not result in them being worse off. Therefore, the court approved the agreement under section 186 of the Fair Work Act.

The final order of the court was to approve the Peachey Constructions Single Enterprise Agreement February 2014, subject to the terms and conditions as outlined in the agreement. The approval was contingent on the agreement being registered with the Fair Work Commission. This decision ensures that the agreement will serve as a valid basis for employment terms between Employment Advocacy Solutions Pty Ltd and its employees, as long as it remains in force and complies with the Fair Work Act.

Employment Advocacy Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established