DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Portolesi Nominees Pty Ltd T/A Portolesi Group
(AG2016/1276)

PORTOLESI NOMINEES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Portolesi Nominees Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Portolesi Nominees Pty Ltd 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 Portolesi Nominees Pty Ltd T/A Portolesi Group. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 21 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Portolesi Nominees Pty Ltd Enterprise Agreement 2015. The applicant, Portolesi Nominees Pty Ltd trading as Portolesi Group, sought the Commission's approval of the agreement which was to govern the employment conditions of its employees. The nature of the dispute centred around the terms and conditions proposed in the enterprise agreement, specifically whether these terms met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the Commission had to address included whether the enterprise agreement complied with the procedural and substantive fairness tests. Procedurally, the Commission considered whether the agreement had been made in accordance with the prescribed processes and whether the necessary good faith bargaining had taken place. Substantively, the Commission assessed whether the proposed terms and conditions met the standards set out in the Fair Work Act, including provisions related to minimum wages, penalty rates, and other employment entitlements.

The Commission found that the agreement had been made following the appropriate processes and that there had been genuine attempts at good faith bargaining. On the substantive fairness test, the Commission determined that the terms and conditions proposed in the agreement were not prejudicial to the employees and provided adequate protections. The proposed conditions were found to be consistent with the requirements of the Fair Work Act, ensuring that employees would receive fair compensation and conditions of employment.

The Fair Work Commission approved the Portolesi Nominees Pty Ltd Enterprise Agreement 2015, recognising its compliance with the statutory requirements. This approval meant that the agreement could now be implemented, governing the employment terms and conditions for the employees of Portolesi Nominees Pty Ltd trading as Portolesi Group.

Portolesi Nominees Pty Ltd T/A Portolesi Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established