Pensar Construction Group Pty Ltd

[2014] FWCA 8179

FAIR WORK COMMISSION

DECISION

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

Pensar Construction Group Pty Ltd
(AG2014/7915)

PENSAR CONSTRUCTION GROUP PTY LTD WORKPLACE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 NOVEMBER 2014

Application for approval of the Pensar Construction Group Pty Ltd Workplace Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 October 2014 by Pensar Construction Group Pty Ltd for the approval of a single-enterprise agreement known as the Pensar Construction Group Pty Ltd Workplace Agreement 2014(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Pensar Construction Group Pty Ltd, sought approval for its Workplace Agreement 2014. The application was brought before the Fair Work Commission, which was required to assess whether the agreement met the statutory criteria for approval. The nature of the dispute involved the compliance of the proposed agreement with the Fair Work Act 2009, particularly concerning its adherence to the Australian Fair Pay and Conditions Standard.

The legal issues before the Commission were whether the terms of the agreement were consistent with the requirements of the Fair Work Act and if the agreement provided for terms and conditions that were no less favourable than the applicable awards or the applicable provisions of the National Employment Standards. The Commission also had to consider the procedural fairness in the negotiation and execution of the agreement.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission noted that the agreement provided for terms and conditions that were no less favourable than the relevant award, and it satisfied the legislative criteria for approval. The applicant had demonstrated that the agreement was made in good faith and that it complied with all relevant provisions of the Fair Work Act. Consequently, the Commission approved the Workplace Agreement 2014.

The Fair Work Commission approved the Pensar Construction Group Pty Ltd Workplace Agreement 2014, confirming that it met the statutory criteria 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