DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pindan Asset Management Pty Ltd
(AG2019/2787)

PINDAN ASSET MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the Pindan Asset Management Pty Ltd Enterprise Agreement 2019

[1] Pindan Asset Management Pty Ltd has made an application for approval of an enterprise agreement known as the Pindan Asset Management Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 4 September 2019 and, in accordance with s 54, will operate from 11 September 2019. The nominal expiry date of the Agreement is 4 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Pindan Asset Management Pty Ltd and its employees. The dispute centred around the approval of the Pindan Asset Management Pty Ltd Enterprise Agreement 2019. The Fair Work Commission was the court responsible for deciding the matter.

The primary legal issues the court had to address were whether the enterprise agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The court also had to consider if the agreement was made in good faith and whether it contained appropriate dispute resolution mechanisms.

The court determined that the enterprise agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment. The agreement was also found to comply with the Fair Work Act 2009 and was made in good faith. The court was satisfied with the dispute resolution mechanisms outlined in the agreement, which provided for a fair and efficient process to resolve any disputes that may arise between the parties. Consequently, the court approved the Pindan Asset Management Pty Ltd Enterprise Agreement 2019.

No further orders were made by the court, as the primary objective of approving the enterprise agreement had been achieved. The agreement was now in effect, providing the employees with the terms and conditions of employment as outlined in the agreement.

Pindan Asset Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established