PDA Custom Constructions Pty Ltd

[2014] FWCA 3359

FAIR WORK COMMISSION

DECISION

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

PDA Custom Constructions Pty Ltd
(AG2014/1033)

PDA CUSTOM CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 MAY 2014

Application for approval of the PDA Custom Constructions Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe PDA Custom Constructions Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PDA Custom Constructions Pty Ltd (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, PDA Custom Constructions Pty Ltd, sought approval of an enterprise agreement. The agreement was between the company and a number of its employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements for approval. Procedurally, the Commission had to ensure that the agreement was made in accordance with the relevant provisions of the Fair Work Act. Substantively, the agreement had to meet certain criteria such as not prejudicing the ability of employees to resolve industrial disputes. Additionally, the Commission needed to consider whether the agreement was made without undue interference, coercion, or pressure.

The Commission found that the agreement was made in compliance with the procedural requirements. It was satisfied that the bargaining process was free from undue influence and that the agreement was genuinely negotiated. In terms of the substantive requirements, the Commission concluded that the agreement did not unjustifiably harm employees’ rights to resolve industrial disputes and met all other necessary criteria. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the PDA Custom Constructions Pty Ltd Enterprise Agreement 2014-2018. The decision was made on the basis that the agreement met both procedural and substantive requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established