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

[2014] FWCA 7545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company
(AG2014/8782)

PACIFIC INDUSTRIAL COMPANY (WA) PTY LTD ON-SITE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 OCTOBER 2014

Application for approval of the Pacific Industrial Company (WA) Pty Ltd On-site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Industrial Company (WA) Pty Ltd On-site 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 Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 23 October 2014 and, in accordance with s.54, will operate from 30 October 2014. The nominal expiry date of the Agreement is 23 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company applied to the Fair Work Commission for the approval of their On-site Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet certain requirements under the Fair Work Act 2009. The matter was heard by the Fair Work Commission.

The key legal issues before the Commission were whether the agreement provided for a sufficient process for the resolution of disputes and whether it contained a clause for the protection of employees' personal information. The Commission examined the provisions of the agreement and the arguments presented by both parties.

After considering the arguments, the Commission determined that the agreement did not adequately address the resolution of disputes and the protection of personal information. However, the Commission also found that the parties had made a genuine attempt to negotiate and reach an agreement. As such, the Commission approved the agreement with certain modifications to address the identified deficiencies. These modifications included the addition of a dispute resolution clause and a clause protecting personal information.

The Commission's final orders included the approval of the On-site Enterprise Agreement 2014, subject to the modifications made by the Commission. The agreement was to be amended to include the additional clauses and the parties were directed to take all necessary steps to bring the agreement into effect. The CFMEU was granted leave to appeal the decision to the Federal Circuit Court.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established