DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PC Walls Pty Ltd
(AG2014/8445)

PC WALLS PTY LTD AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 DECEMBER 2014

Application for approval of the PC Walls Pty Ltd Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the PC Walls Pty Ltd Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PC Walls Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 17 December 2014 and, in accordance with s.54, will operate from 24 December 2014. The nominal expiry date of the Agreement is 24 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

PC Walls Pty Ltd was before the Fair Work Commission, with the applicant seeking approval of the PC Walls Pty Ltd Agreement 2014. The agreement was between the employer and its employees, who were members of various unions. The unions sought to have the agreement approved as a safety net improvement agreement. The employer opposed the approval, arguing that the agreement contained terms that did not meet the statutory requirements for safety net improvement agreements.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act 2009. This involved assessing whether the agreement provided for safety net improvements, whether the agreement was in writing and had been disclosed to the employees, and whether the agreement had been made in good faith. The Commission also needed to consider whether the agreement complied with the statutory minimum standards set out in the Fair Work Act.

In delivering its decision, the Commission found that the agreement did provide for safety net improvements and that it met the other criteria for approval. The Commission noted that the agreement contained terms that improved upon the minimum standards set out in the Fair Work Act, including provisions relating to pay rates, penalty rates, and leave entitlements. The Commission also found that the agreement had been made in good faith and that it had been properly disclosed to the employees. As a result, the Commission approved the agreement as a safety net improvement agreement.

The Commission's decision provides useful guidance for employers and unions seeking to negotiate and approve safety net improvement agreements. It highlights the importance of ensuring that any agreement meets the statutory requirements for approval and that it provides genuine safety net improvements for employees. The decision also reinforces the need for good faith bargaining and proper disclosure of agreement terms to employees.

PC Walls 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