DECISION

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

Pacific Industrial Company (WA) Pty Ltd as Trustee for Steelfab Unit Trust
(AG2020/643)

PACIFIC INDUSTRIAL COMPANY RESOURCE SITE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 21 APRIL 2020

Application for approval of the Pacific Industrial Company Resource Site Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Industrial Company Resource Site Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Industrial Company (WA) Pty Ltd as Trustee for Steelfab Unit Trust (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2020. The nominal expiry date of the Agreement is 28 April 2024.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Pacific Industrial Company (WA) Pty Ltd as Trustee for Steelfab Unit Trust, which sought approval for the Pacific Industrial Company Resource Site Enterprise Agreement 2020. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which raised concerns regarding the proposed terms and conditions within the agreement.

The central legal issues addressed by the court revolved around whether the proposed agreement met the requirements of section 231 of the Fair Work Act 2009, ensuring it was fair and reasonable, and whether it complied with other relevant provisions of the Act. The court was required to assess the balance of rights, obligations, and entitlements for employees, as well as the procedural fairness in the negotiation and finalisation of the agreement.

In its reasoning, the court examined the specifics of the agreement, including the negotiation process, the extent of union involvement, and the terms proposed. The court highlighted that the agreement was the result of a genuine negotiation process, with adequate representation from both parties. It found that the proposed terms were fair and reasonable, taking into account the economic context, the bargaining power of both parties, and the interests of the employees. The court concluded that the agreement was consistent with the principles of procedural fairness and met the statutory requirements for approval under the Fair Work Act.

The final orders of the court were that the Pacific Industrial Company Resource Site Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act. The decision affirmed the legitimacy of the agreement and provided clarity for the parties involved regarding the terms and conditions of employment moving forward.

Pacific Industrial Company (WA) Pty Ltd as Trustee for Steelfab Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established