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Perry Demolition Pty Ltd

Perry Demolition Pty Ltd

Case [2023] FWCA 2806

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[2023] FWCA 2806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Perry Demolition Pty Ltd

(AG2023/2828)

PERRY DEMOLITION PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 4 SEPTEMBER 2023

Application for approval of the Perry Demolition Pty Ltd Enterprise Agreement 2023

Perry Demolition Pty Ltd has applied for approval of a single enterprise agreement known as the Perry Demolition Pty Ltd Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 11 September 2023. The nominal expiry date of the Agreement is 4 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Perry Demolition Pty Ltd [2023] FWCA 2806
Case: [2023] FWCA 2806
Decision Date: 4 SEPTEMBER 2023

CaseChat Overview and Summary

Perry Demolition Pty Ltd applied for approval of the Enterprise Agreement 2023. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 (Cth). The dispute primarily revolved around the terms of the proposed agreement and whether it complied with the legislative standards for enterprise agreements.

The legal issues before the FWC were whether the agreement was genuinely a product of bargaining between the employer and the employees, and whether it met the "better off overall test" as mandated by the Fair Work Act. The Commission also examined whether the agreement included provisions that were contrary to public policy or unfair to employees.

The FWC found that the agreement was genuinely a product of free and voluntary bargaining. It also determined that the agreement met the "better off overall test" for all employees, with no unfair dismissal provisions and reasonable terms regarding pay and conditions. The Commission concluded that the agreement was fair and did not contravene any public policy considerations.

As a result, the FWC approved the Enterprise Agreement 2023, finding it to be compliant with the requirements of the Fair Work Act. This decision enables the agreement to be registered and enforceable, providing a framework for the employment conditions of the parties involved.

Orders