P.A.L.T. Holdings Pty Ltd t/a Findlay-Evans Waterproofing Summary

[2013] FWCA 3351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P.A.L.T. Holdings Pty Ltd t/a Findlay-Evans Waterproofing
(AG2013/6400)

P.A.L.T. HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 MAY 2013

Application for approval of the P.A.L.T. Holdings Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the P.A.L.T. Holdings Pty Ltd 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 P.A.L.T. Holdings Pty Ltd t/a Findlay-Evans Waterproofing. The agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 24 May 2013 and, in accordance with s.54, will operate from 31 May 2013. The nominal expiry date of the Agreement is 23 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE401463 PR537290>
ANNEXURE A

CaseChat Overview and Summary

The case involved P.A.L.T. Holdings Pty Ltd, trading as Findlay-Evans Waterproofing, and the Fair Work Commission. The dispute centred on the approval of the P.A.L.T. Holdings Pty Ltd Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the bargaining process, the terms and conditions of employment, and whether the agreement was made in good faith and without coercion. The court had to scrutinise the negotiation process and the terms of the agreement to ensure they adhered to the statutory requirements.

In its reasoning, the Fair Work Commission found that the agreement was made in good faith and without coercion, and it satisfied the necessary legal criteria. The court noted that the agreement had been negotiated between the employer and the relevant employee representatives, and the terms were fair and reasonable. Consequently, the court approved the P.A.L.T. Holdings Pty Ltd Enterprise Agreement 2013.

The final orders of the Fair Work Commission were to approve the enterprise agreement, thereby allowing it to come into effect and bind the parties involved. The decision underscored the importance of ensuring that enterprise agreements are made through proper negotiation processes and that they meet the legal standards set by the Fair Work Act.

P.A.L.T. Holdings Pty Ltd t/a Findlay-Evans Waterproofing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established