DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peter Farrell Concreting Pty Ltd T/A PFC Group Australia
(AG2018/6328)

PETER FARRELL CONCRETING PTY LTD T/A PFC GROUP AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 17 MAY 2019

Application for approval of the Peter Farrell Concreting Pty Ltd t/a PFC Group Australia Enterprise Agreement 2018.

[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 2018 (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 Employer 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 are relevant to this application for approval and 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 May 2019. The nominal expiry date of the Agreement is 17 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Peter Farrell Concreting Pty Ltd t/A PFC Group Australia applied for approval of the Enterprise Agreement 2018. The applicant is a concreter operating in various states, and the dispute involves the terms of employment for its employees. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, covered a proper bargaining group, and provided for proper protections for employees.

The Commission began by examining the process through which the agreement was negotiated, ensuring that it was conducted in good faith and without coercion. The applicant demonstrated that negotiations were comprehensive and included multiple rounds of discussions with the union. The Commission also reviewed the scope of the bargaining group to ensure it was appropriate and not overly broad or narrow. Finally, the Commission assessed whether the agreement provided for adequate protections, including minimum wages, penalty rates, leave entitlements, and other conditions of employment. The Commission found that the agreement met all necessary criteria and was fair and reasonable.

Having found that the agreement met the statutory requirements, the Commission approved the Enterprise Agreement 2018. The decision was made on the basis that the agreement was made in good faith, covered the appropriate bargaining group, and provided for adequate protections for employees. The approval was subject to certain conditions, ensuring ongoing compliance with the Fair Work Act. The Commission's decision provides clarity for both the applicant and the union regarding the terms of employment under the approved agreement.

Peter Farrell Concreting Pty Ltd T/A PFC Group Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established