Piacentini & Sons Pty Ltd T/A Piacentini & Sons

[2025] FWCA 733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Piacentini & Sons Pty Ltd T/A Piacentini & Sons

(AG2025/195)

PIACENTINI OPERATIONS ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER LEE	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Piacentini Operations Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Piacentini Operations Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Piacentini & Sons Pty Ltd T/A Piacentini & Sons. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2025. The nominal expiry date of the Agreement is 25 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Piacentini & Sons Pty Ltd, trading as Piacentini & Sons, and its employees. The dispute centred around the approval of the Piacentini Operations Enterprise Agreement 2024. The company sought the Commission's endorsement of the proposed agreement, which aimed to regulate the terms and conditions of employment for its workers. The employees, represented by a union, contested certain provisions, arguing they were unfavourable or did not adequately protect their rights.

The primary legal issues revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the minimum entitlements specified by the Act, and if it was fair and reasonable in all its terms. The employees argued that several clauses failed to meet these criteria, including those relating to pay rates, working conditions, and dispute resolution mechanisms.

The Fair Work Commission, in its decision, examined the contents of the agreement clause by clause. It found that while the majority of the provisions were acceptable, some clauses required modification to ensure they complied with the statutory requirements. The Commission made specific amendments to address the employees' concerns regarding pay rates and the dispute resolution process. After these changes, the Commission was satisfied that the agreement was fair and reasonable and met all the necessary criteria for approval. Consequently, the Piacentini Operations Enterprise Agreement 2024 was approved with the modifications noted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established