Group Four Pty Ltd T/A Polizar Services, Construction Services

[2013] FWCA 10186

FAIR WORK COMMISSION

DECISION

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

Group Four Pty Ltd T/A Polizar Services, Construction Services
(AG2013/11593)

GROUP FOUR PTY LTD T/AS POLIZAR SERVICES, CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 DECEMBER 2013

Application for approval of the Group Four Pty Ltd t/as Polizar Services, Construction Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Group Four Pty Ltd t/as Polizar Services, Construction Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Group Four Pty Ltd T/A Polizar Services, Construction Services. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 January 2014. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Group Four Pty Ltd trading as Polizar Services, Construction Services, an application was made for the approval of the 2013 Enterprise Agreement. The applicant sought to have the agreement recognised and enforced as a legally binding contract between the employer and the employees. The matter was heard in the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, whether it was fairly negotiated, and if it covered the appropriate bargaining unit. Additionally, the Commission had to consider if the agreement provided adequate protections for employees, including minimum wages and conditions, and if it included appropriate dispute resolution processes.

In delivering its decision, the Commission examined the negotiation process and the content of the agreement. It found that the agreement was made in good faith and was fairly negotiated. The Commission also determined that the agreement covered the appropriate bargaining unit and provided adequate protections for employees, including minimum wages and conditions. Furthermore, the Commission was satisfied that the dispute resolution processes were appropriate and in line with the requirements of the Act. As a result, the Commission approved the Group Four Pty Ltd t/as Polizar Services, Construction Services Enterprise Agreement 2013.

The Fair Work Commission approved the Group Four Pty Ltd t/as Polizar Services, Construction Services Enterprise Agreement 2013. The agreement was recognised as a legally binding contract between the employer and the employees. This decision ensures that the terms and conditions of employment for the employees are governed by the provisions of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established