Peter Farrell Concreting Pty Ltd T/A PFC Group Australia

[2014] FWCA 2814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peter Farrell Concreting Pty Ltd T/A PFC Group Australia
(AG2014/5731)

PETER FARRELL CONCRETING PTY LTD T/A PFC GROUP AUSTRALIA ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 29 APRIL 2014

Application for approval of the Peter Farrell Concreting Pty Ltd t/a PFC Group Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Peter Farrell Concreting Pty Ltd t/a PFC Group Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peter Farrell Concreting Pty Ltd t/a PFC Group Australia. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 29 April 2014 and, in accordance with s.54, will operate from 6 May 2014. The nominal expiry date of the Agreement is 28 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Peter Farrell Concreting Pty Ltd trading as PFC Group Australia for approval of the Enterprise Agreement 2014. The applicants sought to have the agreement registered with the Fair Work Commission to ensure it complied with the relevant legislative framework. The application was opposed by various unions representing employees within the company.

The central legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, that it contained the minimum terms and conditions required by the Act, and that it was appropriately certified by an independent umpire. Additionally, the Commission had to assess whether the agreement was fairly negotiated and did not unfairly discriminate against any employees.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission also determined that the agreement was fairly negotiated and did not unfairly discriminate against any employees. The application for approval was ultimately granted, and the Enterprise Agreement 2014 was registered with the Fair Work Commission. The decision emphasised the importance of ensuring that enterprise agreements comply with the statutory requirements to protect the rights of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established