DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pearce and Percy Constructions Pty. Limited T/A Pearce and Percy Constructions Pty Ltd
(AG2018/3146)

PEARCE AND PERCY CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 8 NOVEMBER 2018

Application for approval of the Pearce and Percy Constructions Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Pearce and Percy Constructions Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pearce and Percy Constructions Pty. Limited T/A Pearce and Percy Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 15 November 2018. The nominal expiry date of the Agreement is 7 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pearce and Percy Constructions Pty. Limited, trading as Pearce and Percy Constructions Pty Ltd, sought approval of their Enterprise Agreement 2018-2022 from the Fair Work Commission. The matter was heard by Commissioner Bairstow, who was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The application for approval was made by the employer, while the Australian Building and Construction Union contested the application, arguing that the agreement did not comply with certain provisions of the Act.

The central legal issues before the Commission were whether the enterprise agreement contained all the mandated terms and conditions, whether the agreement had been fairly negotiated, and whether it provided for genuine flexibility in the workplace. The Commission also needed to assess whether the agreement was free from any prohibited content, such as terms that would undermine the rights of employees to take protected industrial action.

In reaching its decision, the Commission considered the submissions from both parties and reviewed the contents of the enterprise agreement. The Commission found that the agreement was comprehensive, covering all the required terms and conditions, and that it had been negotiated in good faith. The agreement also allowed for flexibility in the workplace, and the Commission was satisfied that it did not contain any provisions that would undermine employees' rights to take protected industrial action. Consequently, the Commission approved the application for the agreement, highlighting its role in providing a fair and balanced framework for the employment relationship.

The final orders of the Commission were that the Pearce and Percy Constructions Pty Ltd Enterprise Agreement 2018-2022 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the relevant employees for the duration of the agreement.

Pearce and Percy Constructions Pty. Limited T/A Pearce and Percy Constructions 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