Peter Vella Enterprises Pty Ltd

[2014] FWCA 2206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Peter Vella Enterprises Pty Ltd
(AG2014/251)

PETER VELLA ENTERPRISES PTY. LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 APRIL 2014

Application for approval of the Peter Vella Enterprises Pty. Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Peter Vella Enterprises Pty. Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peter Vella Enterprises Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 19 March 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 April 2014.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved an application by Peter Vella Enterprises Pty Ltd for the approval of an enterprise agreement entered into with its employees. The agreement covered the period from 2013 to 2017 and sought to establish terms and conditions of employment for the company's staff. The primary dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the court needed to address included whether the enterprise agreement was made in good faith and whether it met the criteria for being a genuine enterprise agreement. The court also needed to consider whether the agreement complied with the provisions of the Fair Work Act, including the obligations to provide for minimum rates of pay, minimum entitlements, and other conditions of employment. Additionally, the court had to ensure that the agreement did not discriminate against employees or unfairly disadvantage them.

The court examined the process through which the agreement was negotiated and concluded that it was made in good faith. The agreement was found to comply with the legislative requirements of the Fair Work Act, including the provision of minimum rates of pay and entitlements. The court also determined that the agreement did not unfairly disadvantage any employee. As a result, the court approved the enterprise agreement, finding it to be a genuine agreement that met all statutory requirements.

The final orders of the court were to approve the Peter Vella Enterprises Pty Ltd Enterprise Agreement 2013-2017, subject to the terms and conditions specified within the agreement. The approval was contingent on the company adhering to the agreement and ensuring that it was implemented in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established