Pearce and Percy Constructions Pty Limited Summary

[2023] FWCA 1292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pearce and Percy Constructions Pty Limited

(AG2023/1165)

APPLICATION FOR APPROVAL OF THE PEARCE AND PERCY CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 MAY 2023

Application for approval of the Pearce and Percy Constructions Pty Ltd Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the PEARCE AND PERCY CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2023-2027 (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. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2023. The nominal expiry date of the Agreement is 11 May 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Pearce and Percy Constructions Pty Limited, the Fair Work Commission was called upon to approve an enterprise agreement between the company and its employees, as represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application for approval was made by the company, which sought to implement the Pearce and Percy Constructions Pty Ltd Enterprise Agreement 2023-2027. The agreement in question was the result of negotiations between the parties, aiming to regulate the terms and conditions of employment for the workforce.

The primary legal issue the Commission had to address was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement contained all the mandatory terms prescribed by the Act, whether it provided for a direct or indirect safety net, and whether it adhered to the requirements for good faith bargaining. The Commission also had to consider whether the agreement was likely to lead to improved productivity, efficiency, and profitability, and whether it complied with the provisions of the Work Choices legislation.

After carefully reviewing the agreement, the Commission found that it satisfied all the statutory requirements for approval. The agreement included all mandatory terms, provided a direct safety net, and was the product of genuine bargaining efforts. The Commission was satisfied that the agreement would likely improve productivity and efficiency while ensuring fair treatment of the employees. Consequently, the application for approval was granted, and the Pearce and Percy Constructions Pty Ltd Enterprise Agreement 2023-2027 was approved.

The Commission's approval of the enterprise agreement means that it will now be legally binding on both the company and its employees. This decision highlights the importance of adhering to the legislative framework when negotiating and finalising enterprise agreements, ensuring that they meet the necessary criteria for approval by the Fair Work Commission.

Pearce and Percy Constructions Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established