DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Paul Clarke & Associates Pty Ltd
(AG2020/3225)

PAUL CLARKE & ASSOCIATES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 NOVEMBER 2020

Application for approval of the Paul Clarke & Associates Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Paul Clarke & Associates Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Paul Clarke & Associates Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2020. The nominal expiry date of the Agreement is 23 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Paul Clarke & Associates Pty Ltd, an employer, and its employees represented by a union. The dispute centred on the application for approval of the Enterprise Agreement 2020 - 2024. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test." This test requires that employees be no worse off financially and, ideally, better off overall, compared to the applicable award or registered agreement. The Commission also needed to consider if the agreement was made in good faith and whether it included proper provisions for dispute resolution.

In delivering its decision, the Commission found that the agreement met the statutory requirements and satisfied the better off overall test. It was determined that the agreement provided for fair and reasonable terms and conditions, and that the parties had acted in good faith. The Commission approved the agreement, emphasising the importance of the agreement's provisions for dispute resolution, which were found to be adequate and fair. The approval of the agreement was based on a comprehensive analysis of the evidence presented and the application of the relevant legal principles.

The Fair Work Commission approved the Paul Clarke & Associates Pty Ltd Enterprise Agreement 2020 - 2024, confirming its compliance with the Fair Work Act 2009 and meeting the better off overall test. The decision highlights the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees and include adequate dispute resolution provisions.

Paul Clarke & Associates Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established