DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacquola Corp Pty Ltd T/A KPA Concrete Construction Group
(AG2021/6770)

PACQUOLA CORP PTY LTD T/AS KPA CONCRETE CONSTRUCTION GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 AUGUST 2021

Application for approval of the Pacquola Corp Pty Ltd T/as KPA Concrete Construction Group and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Pacquola Corp Pty Ltd T/as KPA Concrete Construction Group and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacquola Corp Pty Ltd T/A KPA Concrete Construction Group. 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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacquola Corp Pty Ltd, trading as KPA Concrete Construction Group, sought approval of a proposed enterprise agreement with the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The legal issues before the FWC included whether the agreement met the statutory requirements for approval, whether it was in the best interests of the employees, and if it complied with the good faith bargaining provisions.

The FWC found that the proposed agreement was consistent with the requirements of the Fair Work Act, and that it was in the best interests of the employees. The FWC considered the fairness and reasonableness of the terms and conditions of the agreement, taking into account the bargaining positions of the parties and the need to promote harmonious, productive and economic relationships. The FWC noted that the agreement provided for fair and reasonable terms and conditions, and that it had been negotiated in good faith. The FWC also found that the agreement complied with the good faith bargaining provisions of the Fair Work Act.

The FWC approved the proposed enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the provisions relating to penalty rates and overtime, to ensure that they were consistent with the relevant awards and the principles of the Fair Work Act. The FWC also made orders to ensure that the agreement was properly communicated to the employees, and that any disputes arising under the agreement were to be resolved in accordance with the procedures set out in the agreement. Overall, the FWC was satisfied that the proposed agreement provided for fair and reasonable terms and conditions for the employees, and that it was in their best interests.

Pacquola Corp Pty Ltd T/A KPA Concrete Construction Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established