DECISION

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

P & D Envirotech Pty Ltd
(AG2014/8131)

P & D ENVIROTECH PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 DECEMBER 2014

Application for approval of the P & D Envirotech Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe P & D Envirotech Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P & D Envirotech Pty Ltd (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 12 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved P & D Envirotech Pty Ltd, an employer, and the Transport Workers Union of Australia, representing employees, who sought approval for the P & D Envirotech Pty Ltd Enterprise Agreement 2014-2018. The application was made in the Fair Work Commission, which is responsible for approving and registering enterprise agreements in Australia.

The legal issues that the Commission had to decide were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith. The Commission had to consider whether the agreement was appropriately negotiated and if it met the criteria for approval, including provisions on minimum wages, penalty rates, leave entitlements, and other employment conditions.

The Commission examined the evidence presented by both parties and found that the agreement was appropriately negotiated and met the criteria for approval. The Commission was satisfied that the agreement was made in good faith and was fair and reasonable for the employees covered by the agreement. The Commission also noted that the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions that were consistent with the Fair Work Act 2009.

As a result, the Commission approved the P & D Envirotech Pty Ltd Enterprise Agreement 2014-2018 and registered it under the Fair Work Act 2009. This means that the agreement is now legally binding on both parties and will govern the employment conditions of the employees covered by the agreement until it expires in 2018.

P & D Envirotech 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