Performance with People Pty Ltd

[2017] FWCA 3243

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Performance with People Pty Ltd

(AG2017/1615)

Primed Projects Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 15 JUNE 2017

Application for approval of the Primed Projects Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Primed Projects Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Performance with People Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 22 June 2021.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Performance with People Pty Ltd, the applicant sought approval of the Primed Projects Enterprise Agreement 2017 under the Fair Work Act 2009. The applicant argued the agreement was appropriate for the employees' working conditions and the business's operational needs. The Fair Work Commission was the court tasked with reviewing and approving the agreement.

The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act, ensuring it provided for fair and reasonable terms for the employees, and whether it adhered to the provisions of the Act, including the protected action provisions. Additionally, the Commission needed to assess if the agreement was made in good faith and if it was likely to facilitate improved productivity and economic performance.

The Fair Work Commission found that the agreement was appropriate under the Act. The Commission concluded that the agreement provided for fair and reasonable terms, was made in good faith, and was likely to facilitate improved productivity. The Commission also noted that the agreement adequately covered all mandatory terms and conditions set out in the Act. Consequently, the application for approval was successful.

The Commission approved the Primed Projects Enterprise Agreement 2017. The approval was subject to the agreement being registered with the Fair Work Commission, and the parties were required to comply with all terms and conditions as stipulated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established