DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pascale Construction Pty Ltd
(AG2017/1768)

PASCALE CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 JUNE 2017

Application for approval of the Pascale Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pascale Construction Pty Ltd 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 Pascale Construction 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 June 2017. The nominal expiry date of the Agreement is 15 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pascale Construction Pty Ltd, the applicant, applied to the Fair Work Commission for approval of the Pascale Construction Pty Ltd Enterprise Agreement 2016. The respondent, the Building and Construction Union of Australia, did not oppose the application but made submissions concerning the coverage of the agreement. The dispute before the Fair Work Commission involved the approval of an enterprise agreement under the Fair Work Act 2009. The legal issues before the Commission were the proper interpretation of the agreement's coverage and the compliance of the agreement with the statutory requirements for enterprise agreements.

The Commission considered the submissions made by the respondent and examined the text of the agreement. The Commission found that the agreement's coverage was broad and included all employees of the applicant who were engaged in the construction industry. The Commission noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, such as promoting higher wages and better working conditions. The Commission also found that the agreement complied with the statutory requirements for enterprise agreements, including the requirement that the agreement must be in writing and must be certified by the Commission.

In light of the above, the Commission approved the Pascale Construction Pty Ltd Enterprise Agreement 2016. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also noted that the agreement promoted higher wages and better working conditions, which were consistent with the objectives of the Fair Work Act. The Commission made an order approving the Pascale Construction Pty Ltd Enterprise Agreement 2016, subject to the agreement being certified by the Commission. The order came into effect on the date of the Commission's decision.

Pascale Construction Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established