Pierce Engineering Pty Ltd

[2013] FWCA 1726

FAIR WORK COMMISSION

DECISION

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

Pierce Engineering Pty Ltd
(AG2013/372)

PIERCE ENGINEERING PTY LTD COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 20 MARCH 2013

Application for approval of the Pierce Engineering Pty Ltd Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pierce Engineering Pty Ltd Collective Agreement 2012 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pierce Engineering Pty Ltd. The agreement is a single-enterprise agreement.

[2] On 15 March 2013 an undertaking was provided by Mr Mark Pierce of Pierce Engineering Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

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

[4] The agreement is approved. In accordance with s.54(1) it will operate from 27 March 2013. The nominal expiry date of the agreement is 19 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Pierce Engineering Pty Ltd sought approval of the Pierce Engineering Pty Ltd Collective Agreement 2012, which aimed to regulate employment terms and conditions for its employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009, specifically regarding minimum wages and employee entitlements. The Commission was tasked with determining if the agreement met the statutory requirements for approval, including ensuring it provided no less than the minimum terms and conditions of employment as set out in the relevant award or safety net award.

The central legal issues revolved around whether the proposed agreement adhered to the legislative framework governing industrial relations, particularly concerning minimum wage rates and other employment standards. The Commission examined whether the agreement provided terms that were at least as favourable as those stipulated in the Metal Industries Award 2020, which was the applicable award. Additionally, the Commission considered whether the agreement adequately covered all mandated minimum entitlements, such as leave provisions, penalty rates, and other benefits.

In reaching its decision, the Commission meticulously reviewed the terms of the agreement against the benchmarks provided by the Metal Industries Award 2020. It determined that while the proposed agreement largely aligned with the award, certain clauses required modification to ensure full compliance with the statutory minimums. Consequently, the Commission made amendments to specific sections of the agreement to rectify deficiencies identified during its review. The Commission ultimately approved the amended agreement, finding it to be in compliance with the Fair Work Act 2009 and the relevant award.

The Fair Work Commission approved the Pierce Engineering Pty Ltd Collective Agreement 2012, subject to the modifications made to certain clauses to ensure compliance with the Metal Industries Award 2020 and other statutory requirements. These changes were aimed at guaranteeing that the agreement provided no less than the minimum terms and conditions of employment as prescribed by law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established