DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patten Pavement Services T/A PPS
(AG2018/7410)

PPS PROFILING ENTERPRISE AGREEMENT 2018

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2019

Application for approval of the PPS Profiling Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PPS Profiling Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Patten Pavement Services T/A PPS. 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] 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 6 February 2019. The nominal expiry date of the Agreement is 29 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the Profiling Enterprise Agreement 2018 by Patten Pavement Services T/A PPS. The application was brought before the Fair Work Commission, a federal workplace relations tribunal in Australia. The applicants, PPS, sought approval of the agreement which outlines the terms and conditions of employment for their workers.

The legal issues before the Commission centred around whether the agreement provided for the fair and efficient operation of the enterprise, and whether it complied with the Fair Work Act 2009. The Commission had to examine the agreement's provisions in terms of the minimum entitlements it provided to employees, as well as the flexibility it afforded to the employer in managing its workforce.

The Fair Work Commission, after thorough examination of the agreement, determined that the Profiling Enterprise Agreement 2018 met the statutory requirements under the Fair Work Act. It was found that the agreement provided for the efficient and fair operation of the enterprise and did not undercut the minimum entitlements of employees. The Commission approved the agreement, noting its balanced approach to the needs of both the employer and employees.

There were no additional orders or conditions imposed by the Commission in approving the agreement. The decision of the Fair Work Commission stands as a recognition of the agreement's compliance with Australian workplace laws, facilitating the operational needs of Patten Pavement Services while safeguarding employee rights.

Patten Pavement Services T/A PPS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established