DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company
(AG2015/4286)

PACIFIC INDUSTRIAL COMPANY RESOURCE SITE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 AUGUST 2015

Application for approval of the Pacific Industrial Company Resource Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Industrial Company Resource Site Enterprise Agreement 2015 (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 T/A Pacific Industrial Company. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement was approved on 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 17 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Pacific Industrial Company (WA) Pty Ltd, trading as Pacific Industrial Company, who applied for approval of the Pacific Industrial Company Resource Site Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary requirements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement contained provisions that were contrary to the Fair Work Act and, if so, whether these could be severed from the agreement.

The Commission examined the specific provisions of the agreement to assess their compliance with the Fair Work Act. Key provisions included those related to pay rates, hours of work, and leave entitlements. The Commission found that certain clauses did not align with the Act, particularly in terms of annual leave loading and penalty rates. After careful consideration, the Commission concluded that these provisions could be severed from the agreement without significantly impairing the agreement's overall purpose. As such, the Commission approved the agreement with the offending provisions removed. This decision ensures that the agreement complies with the requirements of the Fair Work Act and can proceed to be registered. The Commission's decision provides clarity for both parties and sets a precedent for similar agreements in the future.

Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established