DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Power Projects International Pty Ltd T/A Power Projects International
(AG2018/5343)

POWER PROJECTS INTERNATIONAL ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 11 MARCH 2019

Application for approval of the Power Projects International Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Power Projects International Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Power Projects International Pty Ltd t/a Power Projects International. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 7 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager Engineering, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2019. The nominal expiry date of the Agreement is 18 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Power Projects International Pty Ltd, trading as Power Projects International, applied to the Fair Work Commission for approval of the Power Projects International Enterprise Agreement 2018. The applicant argued that the agreement was a genuine enterprise agreement, meeting all the requirements of the Fair Work Act 2009. The dispute involved the interpretation and application of provisions within the Fair Work Act concerning the approval process for enterprise agreements.

The central legal issue before the court was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was genuinely negotiated and if it contained the necessary provisions to be considered a valid enterprise agreement. Additionally, the court examined whether the agreement provided for appropriate mechanisms for dispute resolution and whether it met the requirements for "single-touch" agreements, which are agreements covering a single enterprise.

The court found that the agreement was genuinely negotiated and contained the necessary provisions to be considered a valid enterprise agreement. It confirmed that the agreement provided for appropriate mechanisms for dispute resolution and met the requirements for a "single-touch" agreement. The court concluded that the agreement satisfied all the requirements of the Fair Work Act and approved the Power Projects International Enterprise Agreement 2018.

No further orders were necessary as the court's decision to approve the agreement was final. The approval of the agreement now allows it to be registered and enforced under the Fair Work Act.

Power Projects International Pty Ltd T/A Power Projects International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established