Perfect Contracting Pty Ltd T/A Perfect Contracting

[2014] FWCA 6976

FAIR WORK COMMISSION

DECISION

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

Perfect Contracting Pty Ltd T/A Perfect Contracting
(AG2014/7286)

PERFECT CONTRACTING ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 OCTOBER 2014

Application for approval of the Perfect Contracting Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Perfect Contracting Enterprise Agreement 2014 - 2018 (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 t/a Perfect Contracting (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Perfect Contracting Enterprise Agreement 2014-2018, with the applicant being Perfect Contracting Pty Ltd T/A Perfect Contracting. The nature of the dispute centres on the fairness and validity of the proposed agreement, as it was not agreed to by all parties involved. The application was heard by the Fair Work Commission (FWC).

The central legal issues the court was required to decide pertained to whether the agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the terms of an enterprise agreement, and whether the agreement was fair and reasonable. The court had to assess the agreement's provisions and consider whether it complied with the 'better off overall test', ensuring that no party was disadvantaged compared to their previous terms. Additionally, the court examined whether the agreement had been appropriately negotiated and whether it adhered to procedural fairness.

In reaching its decision, the FWC found that the agreement did not fully meet the statutory requirements. The court determined that several provisions within the agreement did not satisfy the better off overall test, as they were found to be less favourable to certain employees compared to their previous terms. Additionally, the court highlighted that there were procedural shortcomings in the negotiation process, which did not meet the standards of procedural fairness. Consequently, the application for approval of the agreement was dismissed, and the agreement was not certified as meeting the necessary legal standards.

No further orders were made beyond the dismissal of the application for approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established