DECISION

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

PARC Engineering Pty Ltd T/A PARC Engineering Pty Ltd
(AG2020/70)

PARC ENGINEERING ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 18 MARCH 2020

Application for approval of the PARC Engineering Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the PARC Engineering Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PARC Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, PARC Engineering Pty Ltd, trading as PARC Engineering Pty Ltd, applied for the approval of the PARC Engineering Enterprise Agreement 2019. The application was contested by the Australian Manufacturing Workers' Union, which argued that the proposed agreement did not meet the statutory requirements for an enterprise agreement. The dispute centred on whether the agreement contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the PARC Engineering Enterprise Agreement 2019 complied with the minimum standards set out in the Fair Work Act, specifically whether it included all the mandated minimum terms and conditions. The Commission examined whether the agreement covered essential areas such as minimum wages, penalty rates, leave entitlements, and other conditions that cannot be excluded from an enterprise agreement. The Union contended that the proposed agreement failed to adequately address these requirements, while PARC Engineering Pty Ltd argued that it had fulfilled all necessary obligations.

After reviewing the evidence and submissions from both parties, the Commission concluded that the PARC Engineering Enterprise Agreement 2019 did not adequately cover all the required minimum terms and conditions. The agreement was found to be deficient in several key areas, including the omission of specific provisions regarding penalty rates and leave entitlements. As a result, the Commission refused to approve the agreement. The decision highlighted the need for enterprise agreements to strictly adhere to the statutory requirements to ensure fair and lawful workplace practices.

The Fair Work Commission ordered that the PARC Engineering Enterprise Agreement 2019 be rejected and returned to the parties for amendment. The Commission mandated that the revised agreement must include all the necessary minimum terms and conditions as prescribed by the Fair Work Act. PARC Engineering Pty Ltd was instructed to resubmit the agreement once it had incorporated the required provisions, ensuring full compliance with the statutory framework.

PARC Engineering Pty Ltd T/A PARC Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established