DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perfect Contracting Pty Ltd
(AG2018/7265)

PERFECT CONTRACTING ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 17 APRIL 2019

Application for approval of the Perfect Contracting Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Perfect Contracting Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perfect Contracting Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 17 April 2019 and, in accordance with s.54, will operate from 24 April 2019. The nominal expiry date of the Agreement is 16 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Perfect Contracting Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, a contracting company, sought to have the Perfect Contracting Enterprise Agreement 2018-2022 approved as a registered agreement. The dispute arose due to the opposition by the Building and Construction General On-Site Union, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009 for an enterprise agreement to be considered "better off overall". The Commission was tasked with determining whether the proposed agreement provided employees with a better overall package than what would have been achieved under the relevant award or registered agreement.

The central legal issues before the Commission involved whether the proposed agreement satisfied the "better off overall" test, a statutory requirement under section 173 of the Fair Work Act. This test required the Commission to assess whether the agreement provided employees with a superior financial and non-financial package compared to what would have been available under the relevant award or existing agreement. The Commission also had to consider whether the agreement complied with procedural requirements, including proper consultation with employees and whether it included mandatory terms as stipulated by the Act.

In its decision, the Fair Work Commission found that the proposed agreement did indeed satisfy the "better off overall" test. The Commission concluded that the financial and non-financial terms of the agreement were superior to those under the relevant award. The Commission also determined that the procedural requirements were met, including adequate consultation with employees and the inclusion of mandatory terms. Therefore, the Commission approved the agreement and registered it as a lawful enterprise agreement under the Fair Work Act.

The Commission's final order was the registration of the Perfect Contracting Enterprise Agreement 2018-2022 as a lawful enterprise agreement, effective from the date of the decision. This registration ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees covered by the agreement.

Perfect Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established