DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PBH Contracting Services Pty Ltd
(AG2017/6002)

PBH CONTRACTING SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2018

Application for approval of the PBH Contracting Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PBH Contracting Services Pty Ltd 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 PBH Contracting Services 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, 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 27 March 2018. The nominal expiry date of the Agreement is 19 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by PBH Contracting Services Pty Ltd for the approval of an enterprise agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission (FWC). The legal issues that the FWC was required to decide related to whether the agreement met the requirements for approval under the Act, particularly whether it contained the necessary good faith bargaining provisions and whether it complied with the "better off overall test." The FWC also needed to assess if the agreement provided for fair terms and conditions, including wages and other employment conditions.

In considering these issues, the FWC examined the bargaining process and whether it had been conducted in good faith. The FWC also reviewed the content of the agreement, including the terms and conditions it proposed. The FWC determined that the agreement did not meet the requirements for approval, primarily due to deficiencies in the bargaining process and the absence of certain provisions that are required for good faith bargaining. The FWC concluded that the employer had failed to engage in genuine discussions with the employees' representatives, which was a critical factor in its decision.

As a result of its findings, the FWC did not approve the enterprise agreement. The employer was required to return to the bargaining table to rectify the issues identified by the FWC. The FWC's decision emphasised the importance of good faith bargaining and the need for employers to engage meaningfully with their employees when negotiating enterprise agreements. The final orders of the FWC required the parties to engage in further negotiations and report back to the Commission on their progress.

PBH Contracting Services 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