Patrick Torrens Painting Contractors Pty Ltd T/A Ptpc

[2024] FWCA 88

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Patrick Torrens Painting Contractors Pty Ltd T/A Ptpc

(AG2023/5270)

PATRICK TORRENS PAINTING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 JANUARY 2024

Application for approval of the Patrick Torrens Painting Contractors Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Patrick Torrens Painting Contractors Pty Ltd Enterprise Agreement 2023. (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was after 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 11 December 2023.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 January 2024. The nominal expiry date of the Agreement is 8 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Patrick Torrens Painting Contractors Pty Ltd, trading as Ptpc, sought approval of an enterprise agreement. The applicant, a painting contractor, entered into an agreement with a union that represented its employees. The union challenged the fairness of the agreement on behalf of its members. The Commission had to determine whether the agreement was fair and equitable.

The primary legal issue was whether the agreement met the criteria for fairness as outlined in the Fair Work Act 2009. This involved assessing whether the agreement provided for fair rates of pay, reasonable working hours, and other terms and conditions that were fair and reasonable. The Commission considered whether the agreement was genuinely negotiated and if it provided for procedural fairness and the protection of employees' rights.

The Commission found that the agreement met the requirements for fairness. It was determined that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. The agreement also provided for procedural fairness and protected the rights of employees. The Commission approved the agreement, finding that it met the criteria for fairness under the Fair Work Act 2009.

The Commission approved the Patrick Torrens Painting Contractors Pty Ltd Enterprise Agreement 2023. The agreement is now legally binding on the parties and provides for fair and reasonable terms and conditions for employees. The union's challenge was dismissed, and the agreement will come into effect on the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established