Piletech Australia Pty Ltd Summary

[2022] FWCA 725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Piletech Australia Pty Ltd

(AG2022/422)

PILETECH AUSTRALIA & The Australian Workers' Union Agreement 2021

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 2 MARCH 2022

Application for approval of the PILETECH AUSTRALIA & The Australian Workers' Union Agreement 2021

Piletech Australia Pty Ltd has applied for approval of a greenfields agreement known as the PILETECH AUSTRALIA & The Australian Workers’ Union Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I observe that clause 47.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Piletech Australia Pty Ltd, sought approval of an agreement reached between the company and the Australian Workers' Union. The agreement, known as the PILETECH AUSTRALIA & The Australian Workers' Union Agreement 2021, aimed to govern the employment terms and conditions of the union's members working for the company. The application was heard by the Fair Work Commission (FWC), which has jurisdiction over such matters under the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Act. Specifically, the Commission needed to determine whether the agreement was a "contemporary, genuine and accurate record of a bargain" between the parties, and whether it complied with the requirements for fair and equitable terms and conditions of employment. The applicant argued that the agreement reflected a genuine and fair negotiation process, while the union supported the application, asserting that the terms were fair and reasonable.

The Commission examined the evidence and submissions from both parties, considering the nature of the bargaining process, the terms of the agreement, and any relevant industry benchmarks. It was satisfied that the agreement was a genuine and accurate record of a bargain reached between the parties, and that the terms were fair and equitable. The Commission also noted the absence of any objections or concerns raised by the employees, which further supported the approval of the agreement. Consequently, the Commission approved the PILETECH AUSTRALIA & The Australian Workers' Union Agreement 2021.

The final orders of the Commission included the approval of the agreement, which will now serve as the basis for the employment terms and conditions of the union's members working for Piletech Australia Pty Ltd. The agreement is to be registered with the Commission and will be binding on the parties from the date of approval.

Piletech Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established