Perfect Contracting Pty Ltd

[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

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

Perfect Contracting Pty Ltd, an applicant, sought approval of the Perfect Contracting Enterprise Agreement 2023 – 2027. The application was heard by the Fair Work Commission, and the dispute involved whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and appropriate, while no objections were lodged by any party during the prescribed period.

The central legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act, particularly sections concerning procedural fairness and the protection of employees' rights. The Commission had to determine if the agreement was made in good faith and if it provided for the proper protection of employees' interests.

After considering the arguments and evidence presented, the Fair Work Commission found that the agreement was appropriately negotiated and met the requirements for procedural fairness. The Commission concluded that the agreement was fair and appropriate, as it provided for reasonable terms and conditions of employment, ensured procedural fairness, and protected employees' rights. The Commission approved the agreement, recognising it as an enterprise agreement under the Fair Work Act.

The final order of the Commission was the approval of the Perfect Contracting Enterprise Agreement 2023 – 2027. The agreement is now registered and enforceable as per the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established