Pearce and Percy Constructions Pty Ltd

[2014] FWCA 6882

FAIR WORK COMMISSION

DECISION

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

Pearce and Percy Constructions Pty Ltd
(AG2014/7352)

PEARCE AND PERCY CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2014

Application for approval of the Pearce and Percy Constructions Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Pearce and Percy 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 Pearce and Percy 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 1 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

In Pearce and Percy Constructions Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the Enterprise Agreement 2014 - 2018. The dispute involved the applicant, Pearce and Percy Constructions Pty Ltd, and the respondents, the Building Constructions, Communications, Electrical and Media Employees Union (BCCEMCU) and the Building Constructions, Communications, Electrical and Media Employees Union (ACT). The case centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue before the FWC was whether the enterprise agreement contained all the mandatory terms as required by the Fair Work Act 2009 and whether it met the other criteria for approval. The applicant argued that the agreement was fair and reasonable and complied with all legislative requirements. The respondents contested the fairness and reasonableness of the agreement, particularly in relation to the provisions regarding employee entitlements and conditions.

The FWC examined the enterprise agreement clause by clause, considering the statutory minimum standards and the broader principles of fairness and reasonableness. The FWC determined that while most of the agreement complied with the Act, certain provisions were not in line with the mandatory terms. After considering the submissions from both parties and conducting a detailed analysis, the FWC concluded that the agreement, with certain modifications, could be approved as meeting the statutory requirements.

Ultimately, the FWC approved the enterprise agreement with amendments to ensure compliance with the Fair Work Act 2009. The modifications included adjustments to specific clauses to align with the mandatory terms and ensure fairness and reasonableness. The FWC's decision was based on the principle that the agreement, when amended, would provide a fair and reasonable outcome for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established