Paul Stevens Project Management Services Pty Ltd

[2013] FWCA 2374

FAIR WORK COMMISSION

DECISION

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

Paul Stevens Project Management Services Pty Ltd
(AG2013/877)

PAUL STEVENS PROJECT MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 23 APRIL 2013

Application for approval of the Paul Stevens Project Management Services Pty Ltd Enterprise Agreement 2013 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the Paul Stevens Project Management Services Pty Ltd Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Paul Stevens Project Management Services Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

Paul Stevens Project Management Services Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Paul Stevens Project Management Services Pty Ltd Enterprise Agreement 2013 - 2016. The applicant, a project management services company, sought the commission's approval of the agreement to ensure it met the legal standards under the Fair Work Act 2009. The application was brought forth by the company's representatives, who argued that the agreement was necessary to effectively manage the relationship between the employer and the employees. The dispute arose from concerns about whether the agreement complied with certain provisions of the Act, particularly those related to employee representation and procedural fairness.

The central legal issues before the commission were whether the enterprise agreement was genuinely negotiated, if it included all mandated terms and conditions, and if it adhered to the procedural requirements set out in the Fair Work Act. The commission had to determine whether the agreement, which was negotiated between the company and its employees, genuinely reflected a balance of power and whether it contained all the mandatory terms required by law. Additionally, the commission needed to assess if the process of negotiation and agreement was conducted fairly and in good faith, as mandated by the legislation.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and contained all the necessary mandated terms. The commission acknowledged that the agreement was the product of a fair and balanced negotiation process, which involved representatives from both the employer and the employees. The commission also determined that the process of negotiation and agreement was conducted in good faith and in compliance with the procedural requirements of the Fair Work Act. As a result, the commission approved the Paul Stevens Project Management Services Pty Ltd Enterprise Agreement 2013 - 2016, recognising it as a valid and legally binding agreement between the employer and the employees. This decision ensures that the agreement will govern the terms and conditions of employment for the specified period, providing clarity and certainty for both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established