DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paynter Dixon Queensland Pty Ltd
(AG2017/4606)

PDQ ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the PDQ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PDQ Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paynter Dixon Queensland Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 10 November 2017 and, in accordance with s.54, will operate from 17 November 2017. The nominal expiry date of the Agreement is 10 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Paynter Dixon Queensland Pty Ltd sought approval of the PDQ Enterprise Agreement 2017 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, with the Fair Work Commission being the tribunal tasked with the decision. The dispute revolved around whether the agreement met the criteria for registration as a registered agreement, which requires the agreement to comply with specific legislative requirements and to have been fairly negotiated.

The legal issues before the tribunal included whether the agreement provided for the proper payment of wages and conditions, and if it had been genuinely negotiated between the employer and the employees. Additionally, the tribunal had to determine whether the agreement was in the best interests of the employees and whether it complied with all relevant provisions of the Fair Work Act.

The tribunal examined the provisions of the agreement, the process by which it was negotiated, and the content of the agreement to ensure it was fair and met all legislative requirements. The tribunal found that the agreement contained provisions for the payment of wages and conditions that complied with the law and were fairly negotiated. The tribunal also concluded that the agreement was in the best interests of the employees and met all the criteria for registration. Accordingly, the tribunal approved the agreement for registration.

Paynter Dixon Queensland 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