Piacentini & Son Pty Ltd Summary

[2014] FWCA 4797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Piacentini & Son Pty Ltd
(AG2014/1654)

PIACENTINI & SON EMPLOYEE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 18 JULY 2014

Application for approval of the Piacentini & Son Employee Agreement 2014.

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

[2] The Commission has received correspondence from one employee representative who has asked questions about the interpretation of the Agreement.

[3] The Commission when considering an application for approval of an agreement made under s.185 of the Act is charged with applying the terms of s.186 and s.187 of the Act when deciding whether an agreement is to be approved. Consequently it is not the role of the Commission nor would it be appropriate to advise a party on the terms of the Agreement they have made.

[4] 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 25 July 2014. The nominal expiry date of the Agreement is 18 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case are Piacentini & Son Pty Ltd and the Fair Work Commission. The dispute involves the application for approval of the Piacentini & Son Employee Agreement 2014. The matter was heard in the Fair Work Commission, an industrial relations tribunal in Australia. The Commission's primary role is to ensure that workplace relations are governed by fair and effective agreements.

The legal issues before the Commission were centred on whether the Employee Agreement 2014 met the criteria for being an "enterprise agreement" under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement covered a sufficient number of employees, if it was made in good faith and if it met the requirements for being a single, indivisible agreement. Additionally, the Commission had to consider whether the agreement was consistent with the national employment standards and other relevant provisions of the Act.

In its decision, the Commission examined the structure and content of the Piacentini & Son Employee Agreement 2014. It found that the agreement did cover a sufficient number of employees and was made in good faith. The Commission also determined that the agreement was a single, indivisible agreement, and it complied with the national employment standards. The Commission concluded that the agreement met all necessary criteria and approved it as a certified enterprise agreement.

The Fair Work Commission approved the Piacentini & Son Employee Agreement 2014, certifying it as a lawful enterprise agreement. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their workplace relations effectively and fairly. The Commission's approval of the agreement was based on its compliance with the requirements of the Fair Work Act 2009 and the specific criteria for enterprise agreements.

Piacentini & Son Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established