DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P & M Doherty Pty Ltd T/A PM Doherty Drainage Construction
(AG2014/9650)

P & M DOHERTY PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 DECEMBER 2014

Application for approval of the P & M Doherty Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the P & M Doherty Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P & M Doherty Pty Ltd T/A PM Doherty Drainage Construction. 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 15 December 2014 and, in accordance with s.54, will operate from 22 December 2014. The nominal expiry date of the Agreement is 31 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The case before the Fair Work Commission was an application for the approval of the P & M Doherty Pty Ltd Enterprise Agreement 2014, which governs the employment conditions of workers in the drainage construction industry. The applicant, P & M Doherty Pty Ltd, trading as PM Doherty Drainage Construction, sought to have the agreement certified as a modern award by the Commission. The dispute involved the terms and conditions of employment, including wages, hours of work, and other entitlements. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission centred on the compliance of the Enterprise Agreement with the Fair Work Act 2009 and its regulations. Key points of contention included whether the agreement provided for minimum rates of pay, leave entitlements, and other conditions that were at least equal to or better than the relevant modern award. The Commission also had to consider whether the agreement had been made in accordance with the requirements of the Act, including whether it had been negotiated in good faith and whether it allowed for genuine bargaining. Additionally, the Commission needed to assess whether the agreement met the "better off overall test," ensuring that employees would not be worse off under the agreement compared to their existing conditions.

After reviewing the evidence and submissions from both parties, the Commission found that the P & M Doherty Pty Ltd Enterprise Agreement 2014 was compliant with the statutory requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, including minimum rates of pay and leave entitlements that were not less favourable than those in the relevant modern award. The Commission was satisfied that the agreement had been negotiated in good faith and met the better off overall test, ensuring that employees would not be worse off under the new agreement. Consequently, the Fair Work Commission approved the Enterprise Agreement, certifying it as a modern award.

The final orders of the Commission included the certification of the P & M Doherty Pty Ltd Enterprise Agreement 2014 as a modern award, effective from the date of the decision. This decision allowed the agreement to apply to the employees of P & M Doherty Pty Ltd, providing them with the terms and conditions outlined in the agreement. The Commission's approval ensured that the agreement was legally binding and could be enforced by the parties involved. The decision also served as a precedent for similar agreements in the drainage construction industry, reinforcing the importance of fair and reasonable employment conditions.

P & M Doherty Pty Ltd T/A PM Doherty Drainage Construction

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established