DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pindan Contracting Pty Ltd
(AG2019/2771)

PINDAN CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2019

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

Application for approval of the Pindan Contracting Pty Ltd Enterprise Agreement 2019

[1] Pindan Contracting Pty Ltd has made an application for approval of an enterprise agreement known as the Pindan Contracting 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

Pindan Contracting Pty Ltd, represented by its employees through the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), applied for approval of the Pindan Contracting Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was heard by the Fair Work Commission (FWC), where the FWC was required to assess whether the Agreement met the requirements of the Fair Work Act 2009. The applicant argued that the Agreement had been fairly negotiated and contained appropriate provisions for the employees' wages, conditions, and dispute resolution mechanisms. The respondent, represented by Pindan Contracting Pty Ltd, contested the application on the grounds that certain provisions of the Agreement did not meet the requirements of the Fair Work Act, particularly in relation to the classification of employees and the minimum rates of pay.

The legal issues before the FWC included whether the Agreement was genuinely negotiated, if the provisions met the requirements of the Fair Work Act, and if the Agreement was in the best interests of the employees. The FWC examined the evidence presented by both parties, including the negotiation process and the content of the Agreement. The FWC also considered the principles of good faith bargaining and the need for the Agreement to be fair and reasonable. The FWC found that the negotiation process had been genuine, and that the Agreement contained appropriate provisions for the employees' wages, conditions, and dispute resolution mechanisms.

In its decision, the FWC approved the Pindan Contracting Pty Ltd Enterprise Agreement 2019, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The FWC accepted the applicant's argument that the Agreement had been fairly negotiated, and that it contained appropriate provisions for the employees' wages, conditions, and dispute resolution mechanisms. The FWC also found that the classification of employees and the minimum rates of pay were fair and reasonable. The FWC approved the Agreement, and it will now be in force for the duration specified in the Agreement.

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