Peakzone Pty Ltd

[2017] FWCA 3271

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Peakzone Pty Ltd

(AG2017/1522)

Peakzone Pty Ltd Agreement 2017

Electrical contracting industry
Commissioner Gregory	MELBOURNE, 16 JUNE 2017

Application for approval of the Peakzone Pty Ltd Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Peakzone Pty Ltd 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 Peakzone Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2017. The nominal expiry date of the Agreement is 15 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Peakzone Pty Ltd was the subject of an application for the approval of an industrial instrument, specifically the Peakzone Pty Ltd Agreement 2017. The application was heard by the Fair Work Commission (FWC). The primary dispute involved the terms and conditions of employment within the company, focusing on whether the proposed agreement should be approved as a lawful and fair instrument.

The legal issues that the FWC had to decide included whether the agreement was made in good faith and whether it contained the necessary minimum entitlements as prescribed by the Fair Work Act 2009. Additionally, the court needed to assess if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the relevant provisions of the Act.

The FWC examined the submissions from both parties, the evidence presented, and the broader context of industrial agreements. The Commission concluded that the agreement was made in good faith and contained all the necessary minimum entitlements. It was found that the terms and conditions provided for in the agreement were fair and reasonable, and that the agreement complied with the Fair Work Act. Consequently, the FWC approved the Peakzone Pty Ltd Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established