Park Engineers Pty Ltd ATF The D’Amato Business Trust T/A Park Engineers Summary

[2014] FWCA 2542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Park Engineers Pty Ltd ATF The D’Amato Business Trust T/A Park Engineers
(AG2014/4097)

PARK ENGINEERS PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 APRIL 2014

Application for approval of the Park Engineers Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Park Engineers Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Park Engineers Pty Ltd, trading as Park Engineers, applied to the Fair Work Commission for approval of the Park Engineers Pty Ltd Enterprise Agreement 2014. The applicant sought to have the agreement registered under the Fair Work Act 2009 to ensure it was legally binding and enforceable. The dispute arose from the need to ensure that the agreement, which governed the terms and conditions of employment for the workers, complied with the statutory requirements and provided for a fair and reasonable outcome for both the employer and the employees.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the agreement provided for a fair and reasonable outcome for both parties. This involved considering whether the agreement contained all the mandated terms, was free from prohibited content, and was made in accordance with the procedural requirements. The Commission also needed to assess whether the agreement was consistent with the national minimum standards of employment and whether it provided for appropriate mechanisms for resolving disputes.

The Fair Work Commission determined that the agreement met all the statutory requirements for approval. The agreement contained all the mandated terms, was free from prohibited content, and was made in accordance with the procedural requirements. The Commission found that the agreement was consistent with the national minimum standards of employment and provided for appropriate mechanisms for resolving disputes. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both the employer and the employees, taking into account the nature of the business and the workforce, and the need to balance the interests of both parties.

The Fair Work Commission approved the Park Engineers Pty Ltd Enterprise Agreement 2014, making it legally binding and enforceable. The agreement was registered under the Fair Work Act 2009, providing certainty and stability for both the employer and the employees. The Commission's decision ensured that the agreement complied with the statutory requirements and provided for a fair and reasonable outcome for both parties, promoting harmonious industrial relations and protecting the rights and interests of all involved.

Park Engineers Pty Ltd ATF The D’Amato Business Trust T/A Park Engineers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established