P G Carey Contracting Pty Ltd

[2013] FWCA 5089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P G Carey Contracting Pty Ltd
(AG2013/1807)

P G CAREY CONTRACTING PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 JULY 2013

Application for approval of the P G Carey Contracting Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the

P G Carey Contracting Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P G Carey Contracting Pty Ltd. 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 26 July 2013 and, in accordance with s.54, will operate from 2 August 2013. The nominal expiry date of the Agreement is 28 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE402653 PR539427>
ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, P G Carey Contracting Pty Ltd applied for the approval of a proposed enterprise agreement. The agreement, if approved, would apply to a group of employees working within the construction industry. The application arose from negotiations between the employer and the employees' representative, with the aim of reaching a consensus on the terms and conditions of employment.

The primary legal issues before the Commission involved assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement provided for a fair and reasonable rate of pay and conditions for the employees, and whether the agreement had been made in good faith and without coercion. Furthermore, the Commission had to determine whether the agreement complied with the provisions of the Act that require the terms to be expressed with sufficient clarity and precision.

In its decision, the Commission examined the evidence presented by both parties and considered the specific provisions of the proposed agreement. The Commission noted that the agreement provided for a fair and reasonable rate of pay and conditions, and that it had been made in good faith without any evidence of coercion. The Commission also found that the agreement was sufficiently clear and precise in its terms, and that it complied with all relevant provisions of the Fair Work Act 2009. Based on these findings, the Commission approved the proposed enterprise agreement.

Accordingly, the Fair Work Commission approved the P G Carey Contracting Pty Ltd Enterprise Agreement, effective from the date of the decision. The approval signifies that the agreement is now legally binding on both the employer and the employees covered by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established