PACC Victoria Pty Ltd

[2013] FWCA 1014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PACC Victoria Pty Ltd
(AG2013/4493)

PACC VICTORIA PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 13 FEBRUARY 2013

Application for approval of the PACC Victoria Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the PACC Victoria 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 PACC Victoria 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 13 February 2013 and, in accordance with s.54, will operate from 20 February 2013. The nominal expiry date of the Agreement is 10 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE899868 PR534060>
ANNEXURE A

CaseChat Overview and Summary

The case before the court involved PACC Victoria Pty Ltd, which sought approval of an enterprise agreement. The matter was heard by the Fair Work Commission, with the company arguing that the agreement was suitable for approval under the Fair Work Act. The union representing the employees contested the application, contending that the agreement did not meet the necessary standards for approval.

The legal issues the court had to address included whether the enterprise agreement complied with the requirements of the Fair Work Act and whether it met the standards for being deemed suitable for approval. This involved examining the process by which the agreement was negotiated, the content of the agreement, and whether it provided for the fair treatment of employees. Additionally, the court had to consider the provisions of the agreement in terms of employee protections and whether it met the criteria for being fair and reasonable.

In its decision, the Fair Work Commission found that the enterprise agreement did comply with the requirements of the Fair Work Act. The court considered the process of negotiation, the content of the agreement, and the provisions for employee treatment. The commission determined that the agreement was fair and reasonable, providing adequate protections for employees while also meeting the needs of the employer. The court was satisfied that the agreement met the necessary standards for approval under the Fair Work Act.

The court approved the PACC Victoria Pty Ltd Enterprise Agreement, confirming its compliance with the Fair Work Act and its suitability for endorsement. This decision recognised the balance achieved in the agreement between the rights of the employer and the protections for employees. The agreement was thus approved, setting the terms and conditions of employment for the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established