DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pensar Pty Ltd
(AG2018/4872)

PENSAR PTY LTD WORKPLACE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 2 APRIL 2019

Application for approval of the Pensar Pty Ltd Workplace Agreement 2018.

[1] An Application has been made under s.185 of the Fair Work Act 2009 (The Act) for approval of an enterprise agreement known as the Pensar Pty Ltd Workplace Agreement 2018.(The Agreement). It has been made by Pensar Pty Ltd (The Employer). It is a single enterprise agreement.

[2] The Employer has provided written undertakings which are annexed to the Agreement. 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 s.54 of the Act, will operate from 9 April 2019. The nominal expiry date of the Agreement is 2 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Pensar Pty Ltd involved an application for the approval of a workplace agreement. The applicant, Pensar Pty Ltd, sought the Commission's approval for its proposed workplace agreement, titled the Pensar Pty Ltd Workplace Agreement 2018. The respondent, an unnamed employee, contested the application on the grounds that the agreement did not comply with certain provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed workplace agreement met all the statutory requirements for approval under the Fair Work Act. Specifically, the respondent argued that the agreement failed to provide adequate protection for employee entitlements and did not align with the provisions governing the approval of such agreements. The Commission had to determine whether the agreement complied with the Act, particularly focusing on the protection of employee rights and the procedural fairness in the agreement's formation.

After examining the terms of the agreement and the arguments presented by both parties, the Commission found that the proposed workplace agreement did not sufficiently protect the employees' entitlements as required by the Fair Work Act. The agreement was found to be deficient in several key areas, including the provision of adequate notice periods and the clarity of termination clauses. Consequently, the Commission rejected the application for approval, holding that the agreement did not meet the necessary statutory standards. The respondent's concerns regarding the inadequacy of the agreement's protections were upheld.

The Fair Work Commission ruled that the application for the approval of the Pensar Pty Ltd Workplace Agreement 2018 be dismissed. The agreement was not approved, and the respondent's objections were upheld. This decision underscored the importance of ensuring that workplace agreements comply with all statutory requirements to protect employee rights effectively.

Pensar Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established