DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Piacentini & Son Pty Ltd
(AG2018/6975)

PIACENTINI & SON EMPLOYEE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 2 MAY 2019

Application for approval of the Piacentini & Son Employee Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Piacentini & Son Employee 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 Piacentini & Son Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 May 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Piacentini & Son Pty Ltd applied for approval of the Piacentini & Son Employee Agreement 2018, which would establish a new enterprise agreement. The Fair Work Commission was asked to decide if the agreement was fair and reasonable. The application was brought under section 188 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union. The union argued that the agreement did not provide adequate protections for employees in areas such as redundancy, termination, and workplace health and safety.

The legal issues before the Commission were whether the agreement provided adequate protections for employees and whether it was fair and reasonable in all its terms. The Commission considered the nature of the work, the bargaining power of the parties, and the terms of the agreement. The Commission also took into account the views of the union and the employer. The Commission found that the agreement provided adequate protections for employees and was fair and reasonable in all its terms. The Commission approved the agreement.

The Commission found that the agreement provided for adequate redundancy and termination protections, and that the health and safety provisions were appropriate for the nature of the work. The Commission also noted that the agreement provided for a reasonable increase in pay and conditions over the term of the agreement. The Commission was satisfied that the agreement was the product of genuine bargaining and that it was fair and reasonable in all its terms. The Commission approved the agreement and registered it under section 188 of the Fair Work Act 2009.

Piacentini & Son Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established