Perfect Contracting Pty Ltd

[2023] FWCA 2405

[2023] FWCA 2405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Perfect Contracting Pty Ltd

(AG2023/2444)

PERFECT CONTRACTING ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 2 AUGUST 2023

Application for approval of the Perfect Contracting Enterprise Agreement 2023 – 2027

1. An application has been made for approval of an enterprise agreement known as the Perfect Contracting Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Perfect Contracting Pty Ltd. The Agreement is a single enterprise agreement. 

1. I was concerned that clause 13.1.7 of the Agreement providing that severance is not payable in certain circumstances may be read so as to operate in a manner inconsistent with the National Employment Standards (NES). In response the employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking 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. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement. 

1. Consequently, I am now satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

1. The Agreement was approved on 2 August 2023 and, in accordance with s.54, will operate from 9 August 2023. The nominal expiry date of the Agreement at clause 3.1.2 is 2 August 2027. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520977  PR764850>

Annexure A