Power Reinforcement Pty Ltd T/A Power Civil Group Summary

[2024] FWCA 2674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Power Reinforcement Pty Ltd T/A Power Civil Group

(AG2024/2193)

POWER REINFORCEMENT PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 JULY 2024

Application for approval of the Power Reinforcement Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Power Reinforcement Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Power Reinforcement Pty Ltd T/A Power Civil Group (Employer). 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. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 July 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Power Reinforcement Pty Ltd, trading as Power Civil Group, which applied for approval of the Power Reinforcement Pty Ltd Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, where the Commission was tasked with assessing the agreement under the Fair Work Act 2009. The dispute centred on the terms of the enterprise agreement, including wages, conditions, and procedural fairness provisions. The application was brought to ensure that the agreement complied with the statutory requirements and was fair and reasonable for all parties involved.

The legal issues before the Commission included whether the enterprise agreement adequately met the requirements for procedural fairness, whether the terms and conditions were fair and reasonable, and whether the agreement complied with relevant legislative provisions. The Commission needed to determine if the agreement was made in good faith, provided for procedural fairness, and contained terms that were fair and reasonable in all respects. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of both employees and employers.

The Fair Work Commission, in its decision, examined the evidence and submissions provided by the parties. It assessed the process by which the agreement was negotiated and whether it was conducted in good faith. The Commission found that the agreement was made in good faith and provided for procedural fairness. It further determined that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the work and the interests of both employers and employees. The Commission concluded that the agreement complied with all relevant statutory requirements and approved it accordingly.

The Fair Work Commission approved the Power Reinforcement Pty Ltd Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009. The decision ensures that the agreement will govern the employment terms and conditions between Power Reinforcement Pty Ltd and its employees, providing a framework for fair and reasonable workplace relations.

Power Reinforcement Pty Ltd T/A Power Civil Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established