Planned Constructions Group Pty Ltd

[2025] FWCA 2330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Planned Constructions Group Pty Ltd

(AG2025/2189)

PCG EMPLOYEES COLLECTIVE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 16 JULY 2025

Application for approval of the PCG Employees Collective Agreement 2025 (“the Agreement”).

An application has been made for approval of an enterprise agreement known as the PCG Employees Collective Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009. It has been made by Planned Constructions Group Pty Ltd. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2025. The nominal expiry date of the Agreement is 16 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Planned Constructions Group Pty Ltd, which sought approval for the PCG Employees Collective Agreement 2025. The dispute was heard by the Fair Work Commission. The crux of the matter was the application for the approval of a proposed enterprise agreement, which would govern the employment terms of employees within the company. The legal issues centred on whether the agreement complied with the relevant statutory requirements and whether it met the necessary standards for being deemed as fair and reasonable.

The Fair Work Commission examined the agreement to determine its compliance with the Fair Work Act 2009. This included assessing whether the agreement contained the minimum terms and conditions as prescribed by the Act, and if it provided for matters that were non-negotiable under the law. The Commission also evaluated whether the agreement was made in good faith and whether it was free from any undue influence or coercion. Furthermore, the Commission considered if the agreement met the criteria for being certified as a single-interest employer agreement.

In reaching its decision, the Fair Work Commission found that the proposed agreement was compliant with the statutory requirements and met the standards for being fair and reasonable. The Commission noted that the agreement contained all the mandated minimum terms and conditions and did not include any non-negotiable matters that were prohibited by the Act. The Commission was satisfied that the agreement was made in good faith and without any undue influence or coercion. Consequently, the Fair Work Commission approved the application for the PCG Employees Collective Agreement 2025 to be registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established