PBH Contracting Services Pty Ltd Summary

[2013] FWCA 7927

FAIR WORK COMMISSION

DECISION

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

PBH Contracting Services Pty Ltd
(AG2013/9463)

PBH CONTRACTING SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 9 OCTOBER 2013

Application for approval of the PBH Contracting Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PBH Contracting Services Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PBH Contracting Services Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2013. The nominal expiry date of the Agreement is 16 October 2017.

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CaseChat Overview and Summary

PBH Contracting Services Pty Ltd recently applied for approval of an enterprise agreement in the Fair Work Commission. The agreement, dated 2013, was intended to cover employees in the construction industry. The applicant, PBH Contracting Services Pty Ltd, sought the Commission's approval to ensure the agreement's provisions were legally binding and enforceable under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it was made in good faith and whether it provided for the proper regulation of employees' conditions of employment. The applicant needed to demonstrate that the agreement had been negotiated in good faith, without coercion, and that it contained provisions that were fair and reasonable in all aspects.

The Commission, after reviewing the evidence and submissions, found that the agreement was made in good faith and contained provisions that were fair and reasonable. It considered the nature of the industry, the bargaining positions of the parties, and the terms and conditions set out in the agreement. The Commission was satisfied that the agreement met all the necessary criteria for approval and did not contain any provisions that would be contrary to public policy or undermine the objectives of the Fair Work Act 2009.

Accordingly, the Commission approved the PBH Contracting Services Pty Ltd Enterprise Agreement 2013. This approval ensures that the agreement is legally binding and enforceable, providing certainty and stability for both the employer and employees covered by the agreement.

PBH Contracting Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established