DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Park Forge Pty Ltd
(AG2015/4363)

PARK FORGE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 11 SEPTEMBER 2015

Application for approval of the Park Forge Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Park Forge Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Park Forge Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Park Forge Pty Ltd, sought approval of the Park Forge Pty Ltd Enterprise Agreement 2015 from the Fair Work Commission. The respondents included various unions representing employees of Park Forge Pty Ltd, who contested the terms and conditions outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly focusing on the requirement for the agreement to provide for fair and reasonable terms and conditions. The Commission also had to assess whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it was certified by the appropriate independent body.

The Fair Work Commission determined that the Park Forge Pty Ltd Enterprise Agreement 2015 did not sufficiently address the interests of the employees in certain respects, particularly in relation to provisions on overtime and shift allowances. The Commission found that the agreement did not provide for fair and reasonable terms and conditions as required by the Act. Consequently, the Commission refused to approve the agreement. The Commission's decision was based on a thorough analysis of the provisions of the agreement and the legislative framework provided by the Fair Work Act 2009.

The Fair Work Commission's final order was that the Park Forge Pty Ltd Enterprise Agreement 2015 be refused approval. The Commission directed that the application be returned to the parties for further negotiation and amendment of the agreement to address the identified deficiencies.

Park Forge 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