Parc Engineering Pty Ltd

[2024] FWCA 2127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Parc Engineering Pty Ltd

(AG2024/1633)

PARC ENGINEERING ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 11 JUNE 2024

Application for approval of the PARC Engineering Enterprise Agreement 2024

Parc Engineering Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the PARC Engineering Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 11 June 2024 and, in accordance with s 54, will operate from 18 June 2024. The nominal expiry date of the Agreement is 11 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved the applicant, Parc Engineering Pty Ltd, seeking approval for the PARC Engineering Enterprise Agreement 2024. The applicant and the respondents, including the Association of Professional Engineers, Scientists and Managers of Australia (APESMA) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), were unable to reach an agreement through bargaining. As a result, the matter was brought before the Fair Work Commission to seek approval of the proposed agreement.

The central legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for approval under section 234 of the Act, including whether it provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees. The court also had to consider if the agreement contained provisions that were contrary to public policy or that contravened any other law.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable and met the statutory criteria for approval. The Commission determined that the agreement provided for terms and conditions that were equitable for both the employer and the employees. It also concluded that the agreement was in the best interests of the employees, taking into account the various benefits and protections it provided. The Commission further found that the agreement did not contravene any public policy or other laws. Consequently, the Commission approved the PARC Engineering Enterprise Agreement 2024.

The Fair Work Commission approved the PARC Engineering Enterprise Agreement 2024, effective from the date of the decision. The agreement is now binding on the parties and will govern the employment terms and conditions for the employees covered by the agreement. This decision ensures that the employees will benefit from the terms and conditions set out in the approved agreement, while also providing the employer with the necessary flexibility and certainty in managing its workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established