Pacific Plus Constructions Pty Ltd

[2014] FWCA 4954

FAIR WORK COMMISSION

DECISION

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

Pacific Plus Constructions Pty Ltd
(AG2014/1601)

PACIFIC PLUS CONSTRUCTIONS PTY. LTD. ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 24 JULY 2014

Application for approval of the Pacific Plus Constructions Pty. Ltd. Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Plus Constructions Pty. Ltd. Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Plus Constructions Pty Ltd (the applicant). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 24 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

Pacific Plus Constructions Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Agreement 2014-2018. The Australian Building and Construction Employees and Builders Labourers Federation (ABCEF) contested the application on the basis that certain provisions of the agreement were inconsistent with the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The main legal issues before the Commission were whether the provisions in question were consistent with the Act, and specifically, whether they unfairly disadvantaged employees and were not genuinely bargained. The Commission found that the provisions in question did not unfairly disadvantage employees and were genuinely bargained, as the employees had been provided with full and fair opportunity to discuss the terms and conditions of the agreement. The Commission also found that the agreement did not contain any provisions that were inconsistent with the Act. As a result, the Commission approved the Enterprise Agreement 2014-2018. The orders of the Commission were that the Enterprise Agreement 2014-2018 be, and was, approved in accordance with section 234 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established