DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pindan Contracting Pty Ltd
(AG2015/2962)

PINDAN CONTRACTING P/L AND NOMINEES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 22 JUNE 2015

Application for approval of the Pindan Contracting P/L And Nominees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pindan Contracting P/L And Nominees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pindan Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Pindan Contracting Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 22 June 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pindan Contracting Pty Ltd recently faced a case before the Fair Work Commission where an application was made for approval of the Pindan Contracting P/L And Nominees Enterprise Agreement 2015. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant, Pindan Contracting, sought to have the agreement recognised as a lawful and fair enterprise agreement. The respondents, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application, arguing that the agreement did not satisfy the necessary legal criteria.

The central legal issues the court needed to resolve included whether the agreement was genuinely negotiated and whether it contained the mandatory provisions required by the Fair Work Act. Additionally, the court had to determine if the process through which the agreement was made complied with the legislative requirements, particularly regarding the fair representation of the employees involved. The court also considered whether the agreement adequately covered the minimum terms and conditions stipulated by the Act.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the mandatory provisions required by the Fair Work Act. The court was satisfied that the process adhered to the legislative standards for fair representation and that the agreement comprehensively covered the necessary minimum terms and conditions. Consequently, the application for approval was successful. The commission emphasised the importance of ensuring that such agreements are not only legally sound but also reflect a fair negotiation process that genuinely represents the interests of all parties involved. This decision ensures that the enterprise agreement will now be recognised and enforceable under the Fair Work Act.

Pindan Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established