DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrick Torrens Painting Contractors Pty Ltd T/A PTPC
(AG2019/1704)

PATRICK TORRENS PAINTING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 27 JUNE 2019

Application for approval of the Patrick Torrens Painting Contractors Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Patrick Torrens Painting Contractors Pty Ltd 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 Patrick Torrens Painting Contractors Pty Ltd T/A PTPC. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 26 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Patrick Torrens Painting Contractors Pty Ltd trading as PTPC, applied to the Fair Work Commission for approval of the Patrick Torrens Painting Contractors Pty Ltd Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for the employees of PTPC. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for provisional approval under the Fair Work Act 2009. This included assessing whether the agreement complied with the good faith bargaining requirement, whether it contained the necessary minimum entitlements, and whether it was in the best interests of the employees. The Commission also considered whether any aspects of the agreement were contrary to public policy.

In reaching its decision, the Commission examined the evidence provided by both parties and considered relevant legal principles. The Commission found that the agreement contained all the required minimum entitlements and that the parties had engaged in good faith bargaining. The Commission also determined that the agreement was in the best interests of the employees and did not contravene any public policy considerations. Based on these findings, the Commission approved the enterprise agreement provisionally.

The Fair Work Commission approved the Patrick Torrens Painting Contractors Pty Ltd Enterprise Agreement 2019 provisionally, subject to any necessary modifications to address any outstanding issues. The Commission ordered that the agreement be registered and that it would come into effect on the date of the Commission's decision, provided that any necessary modifications were made within the specified timeframe. The decision provides clarity for both the employer and employees regarding the terms and conditions of their employment under the approved agreement.

Patrick Torrens Painting Contractors Pty Ltd T/A PTPC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established