DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PACT Construction Pty Ltd t/a PACT Construction
(AG2016/3580)

PACT CONSTRUCTION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 JULY 2016

Application for approval of the PACT Construction Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PACT Construction Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PACT Construction Pty Ltd t/a PACT Construction. 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] 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.

[4] The Agreement was approved on 15 July 2016 and, in accordance with s.54, will operate from 22 July 2016. The nominal expiry date of the Agreement is 15 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Court was an application for approval of the PACT Construction Enterprise Agreement 2016. The applicant, PACT Construction, sought the court's endorsement of the agreement, which was negotiated between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement in question included provisions relating to wages, working hours, leave entitlements and other employment conditions. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the court were whether the agreement met the criteria for approval under section 231 of the Fair Work Act and whether it complied with the provisions of the Fair Work Regulations. Specifically, the court needed to determine whether the agreement was a genuine enterprise agreement, free from any illegal or improper conduct, and whether it provided for a fair and reasonable method of determining wages and other conditions of employment. The court also had to consider whether the agreement contained any unfair terms or was otherwise contrary to public policy.

The court found that the PACT Construction Enterprise Agreement 2016 was a genuine enterprise agreement, as it had been negotiated in good faith and contained provisions that were fair and reasonable. The court further determined that the agreement complied with the requirements of the Fair Work Act and Regulations, including the provisions relating to the determination of wages and other conditions of employment. The court rejected the argument that any terms in the agreement were unfair, finding that they were necessary and appropriate to address the specific circumstances of the parties. The court concluded that the agreement was in the best interests of the employees and approved it under section 231 of the Fair Work Act.

The court's final orders were that the PACT Construction Enterprise Agreement 2016 be approved and registered with the Fair Work Commission, effective from the date of the court's decision. The agreement was to remain in force until superseded by a new enterprise agreement or until terminated in accordance with its own provisions. The court's decision provided certainty and stability to both the parties and their employees, ensuring that the agreement would be legally binding and enforceable.

PACT Construction Pty Ltd t/a PACT Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established