Pacific Steel Constructions Pty Ltd

[2022] FWCA 109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pacific Steel Constructions Pty Ltd

(AG2021/8887)

the Pacific Steel Constructions Pty Ltd Enterprise Agreement 2021-2025

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 14 JANUARY 2022

Application for approval of the Pacific Steel Constructions Pty Ltd Enterprise Agreement 2021 - 2025

Pacific Steel Constructions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Pacific Steel Constructions Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2022. The nominal expiry date of the Agreement is 14 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved Pacific Steel Constructions Pty Ltd, a company that had entered into an enterprise agreement with its employees. The application was before the Fair Work Commission, seeking approval of the Pacific Steel Constructions Pty Ltd Enterprise Agreement 2021 - 2025. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the necessary criteria for approval, including whether it provided for a fair and efficient workplace, and whether it had been genuinely negotiated and agreed upon by both parties.

The primary legal issues that the Commission had to resolve included whether the agreement provided for a minimum rate of pay that met the safety net, and whether it contained terms that were necessary for the protection of employees' interests. The Commission also needed to consider whether the agreement had been made without any undue influence or coercion, and if the process of negotiation was genuinely conducted in good faith. Furthermore, the Commission had to determine if the agreement contained terms that were consistent with the national minimum standards and if it was in the best interests of the employees.

After examining the terms of the enterprise agreement and the evidence presented by the parties, the Commission concluded that the agreement was generally in line with the requirements of the Fair Work Act 2009. The agreement provided for a minimum rate of pay that met the safety net and contained terms that were necessary for the protection of employees' interests. The Commission found that the negotiation process was conducted genuinely and in good faith, and the agreement did not contain any terms that were inconsistent with the national minimum standards. Consequently, the Commission approved the Pacific Steel Constructions Pty Ltd Enterprise Agreement 2021 - 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established