DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PCC Lawyers Pty Ltd t/a PCC Lawyers
(AG2016/228)

BREAK THRU – ENTERPRISE AGREEMENT 2016-2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 15 MARCH 2016

Application for approval of the Break Thru - Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Break Thru - Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PCC Lawyers Pty Ltd t/a PCC Lawyers. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of PCC Lawyers Pty Ltd trading as PCC Lawyers, the Fair Work Commission was tasked with considering an application for the approval of the Break Thru - Enterprise Agreement 2016-2019. The application was brought forward by the employer, seeking formal endorsement of the agreement, which had been negotiated with the employee representatives. The dispute centred on the terms and conditions outlined in the proposed agreement and their compliance with relevant industrial laws.

The legal issues before the court encompassed whether the enterprise agreement met the statutory requirements for approval, including fairness, whether it had been genuinely negotiated, and whether it addressed the needs of both parties in a manner consistent with the principles of the Fair Work Act 2009. Additionally, the court needed to consider if the agreement was in line with the broader objectives of the Fair Work System, which includes promoting high levels of employment and workplace participation.

The court meticulously examined the provisions of the agreement and the evidence presented regarding the negotiation process. It determined that the agreement was fair and reasonable, had been genuinely negotiated, and complied with the relevant legislative provisions. The court found that the agreement struck a balance that was appropriate given the circumstances and the nature of the employment relationship. Consequently, the application for approval was successful, and the enterprise agreement was endorsed.

The final orders confirmed the approval of the Break Thru - Enterprise Agreement 2016-2019, thereby providing legal effect to the terms and conditions outlined within it. The agreement was to be registered and enforced as per the provisions of the Fair Work Act, ensuring that the rights and obligations of both the employer and employees were legally recognised and upheld.

PCC Lawyers Pty Ltd t/a PCC Lawyers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established