DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pats Project Services Pty Ltd T/A Pats Project Services
(AG2016/2890)

PATS PROJECT SERVICES PTY LTD AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 MAY 2016

Application for approval of the Pats Project Services Pty Ltd Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pats Project Services Pty Ltd 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 Pats Project Services Pty Ltd T/A Pats Project Services. 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 was approved on 25 May 2016 and, in accordance with s.54, will operate from 1 June 2016. The nominal expiry date of the Agreement is 25 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pats Project Services Pty Ltd, trading as Pats Project Services, applied to the Fair Work Commission for approval of the Pats Project Services Pty Ltd Agreement 2016. The application followed a bargaining process that resulted in the creation of an enterprise agreement that the parties intended to cover all employees of Pats Project Services who are not excluded by the Fair Work Act. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the agreement complied with the statutory criteria for approval, particularly in relation to the coverage of employees and the terms and conditions it provided for. This included assessing whether the agreement was made in good faith and whether it contained the necessary provisions regarding wages and other employment terms. Furthermore, the Commission needed to consider if the agreement met the eligibility criteria and did not disadvantage employees.

The Fair Work Commission found that the Pats Project Services Pty Ltd Agreement 2016 satisfied the statutory requirements for approval. The agreement was deemed to be made in good faith and contained the necessary provisions regarding wages and other employment terms. The Commission noted that the agreement was comprehensive and covered a wide range of employment conditions, including leave entitlements, working hours, and dispute resolution mechanisms. The Commission concluded that the agreement was beneficial to the employees and did not disadvantage them in any way.

The Commission approved the Pats Project Services Pty Ltd Agreement 2016, confirming its compliance with the statutory criteria. This decision provides clarity for future bargaining processes and sets a precedent for similar agreements within the industry. The approval of this agreement ensures that the employees of Pats Project Services have a legally binding and fair enterprise agreement that governs their employment conditions.

Pats Project Services Pty Ltd T/A Pats Project Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established