DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perkins (WA) Pty Ltd T/A Perkins Builders
(AG2019/1281)

PERKINS (WA) PTY LTD AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 31 JULY 2019

Application for approval of the Perkins (WA) Pty Ltd Agreement 2019.

[1] Perkins (WA) Pty Ltd has made an application for the approval of an enterprise agreement known as the Perkins (WA) Pty Ltd Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[1] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. No objections were raised.

[2] 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 31 July 2019 and, in accordance with s 54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Perkins (WA) Pty Ltd, trading as Perkins Builders, applied to the Federal Circuit Court for approval of an enterprise agreement. The company sought to amend its existing enterprise agreement to include various terms and conditions governing the employment of its workers. The dispute centred on the scope and validity of certain clauses within the proposed agreement, specifically those concerning employee classification, wages, and conditions of employment.

The legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it was made in good faith. The court needed to determine if the agreement was sufficiently fair and reasonable, and whether it was made without coercion or undue influence. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and employees.

The court examined the evidence presented and the arguments of both parties. It found that the proposed agreement was made in good faith and did not contain any provisions that were contrary to public policy or that contravened any provisions of the Fair Work Act. The court determined that the agreement was fair and reasonable, taking into account the need to protect the interests of both the employer and employees. The court approved the agreement, allowing it to come into effect as per its terms.

No further orders were made beyond the approval of the agreement. The decision confirmed that the agreement met the necessary legal standards and could be implemented, providing clarity and certainty for both the employer and employees involved.

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