Pacific Coast Engineering Pty Ltd Summary

[2013] FWCA 5314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Coast Engineering Pty Ltd
(AG2013/7470)

PACIFIC COAST EMPLOYEE COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 AUGUST 2013

Application for approval of the Pacific Coast Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Coast Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Coast Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific Coast Engineering Pty Ltd applied to the Fair Work Commission for approval of the Pacific Coast Employee Collective Agreement 2013. The applicants, Pacific Coast Engineering Pty Ltd and the Building, Construction, Forestry, Maritime, Mining and Energy Union, sought the agreement's endorsement as a registered instrument under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for registration, including whether it complied with the requirements of the Act, and if it was in the interests of the employees and employers it was intended to cover.

The primary legal issues centred on whether the agreement complied with the statutory requirements and if it was in the interests of the employees and employers. The Commission had to examine the agreement's provisions to ensure it was a genuine agreement and that it was made in good faith. Additionally, the Commission had to be satisfied that the agreement was in the interests of the employees and employers and did not have an adverse effect on the operation of the Fair Work Act. The Commission also needed to consider the procedural fairness in the making of the agreement.

The Commission found that the agreement was made in good faith and was a genuine agreement. It determined that the agreement complied with the requirements of the Act and was in the interests of the employees and employers. The Commission was satisfied that the agreement was not likely to have an adverse effect on the operation of the Fair Work Act and that the procedural fairness in the making of the agreement was not deficient. Consequently, the Commission approved the agreement as a registered instrument under the Act.

The Fair Work Commission approved the Pacific Coast Employee Collective Agreement 2013 as a registered instrument under the Fair Work Act 2009. The decision affirmed that the agreement met the necessary legal criteria and was in the interests of the employees and employers. The Commission's approval allowed the agreement to have legal effect and be enforceable under the Act.

Pacific Coast Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established