DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perkins (WA) Pty Ltd T/A Perkins Builders
(AG2015/4860)

PERKINS (WA) PTY LTD AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the Perkins (WA) Pty Ltd Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Perkins (WA) Pty Ltd Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perkins (WA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 9 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case of Perkins (WA) Pty Ltd T/A Perkins Builders, which reached the Fair Work Commission, involved an application for the approval of the Perkins (WA) Pty Ltd Agreement 2015. The application was made by the company, which sought to have the agreement, which it had entered into with its employees, recognised and approved by the Commission. The employees, represented by a union, contested the application on various grounds, primarily arguing that the agreement did not adequately protect their rights and entitlements.

The primary legal issues that the Commission needed to address included whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether the process by which the agreement was made complied with relevant legislative requirements. This involved an examination of the terms of the agreement, the manner in which it was negotiated, and whether there were any procedural irregularities in the approval process.

After considering the submissions from both parties and reviewing the contents of the agreement, the Commission determined that the agreement did indeed provide for fair and reasonable terms and conditions for the employees. The Commission found that the negotiation process was conducted in good faith and that the agreement was not detrimental to the employees. Additionally, the Commission was satisfied that the procedural requirements were met, leading to the approval of the Perkins (WA) Pty Ltd Agreement 2015.

As a result of this decision, the Fair Work Commission approved the agreement, making it a legally binding instrument between Perkins (WA) Pty Ltd and its employees. This approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship moving forward, subject to the rights and protections afforded under the Fair Work Act.

Perkins (WA) Pty Ltd T/A Perkins Builders

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established