DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Powertech Pty Ltd T/A Present Group
(AG2016/7167)

PRESENT GROUP ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 16 JANUARY 2017

Application for approval of the Present Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Present Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Powertech Pty Ltd T/A Present Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate 23 January 2017. The nominal expiry date of the Agreement is 15 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Powertech Pty Ltd, trading as Present Group, sought approval of the Present Group Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the proposed agreement, particularly regarding the terms and conditions of employment for the employees covered by the agreement. The respondents, who included various employee representatives, raised concerns about certain provisions of the agreement, arguing they were unfair or did not comply with the statutory requirements.

The legal issues the court had to address were whether the agreement met the criteria for being deemed a "modern award" as per the Fair Work Act and whether the agreement was procedurally fair. Key points of contention included the definition of "ordinary hours of work" and the provisions for penalty rates and shift differentials. The court needed to determine if the agreement's terms provided adequate protections and benefits to employees, in line with the principles of procedural fairness and the overarching objectives of the Fair Work Act.

In delivering the decision, the commission considered the submissions from both parties and the evidence presented. The commission found that the agreement, while generally meeting the statutory requirements, contained provisions that were not entirely compliant with the Act. The commission made several amendments to ensure the agreement adhered to the legislative standards, particularly in relation to the definition of ordinary hours of work and the calculation of penalty rates. The commission concluded that, with the amendments, the agreement was fair and complied with the necessary legal standards. Therefore, the application for approval was granted, subject to the specified modifications.

The final orders included the approval of the Present Group Enterprise Agreement 2016, with certain amendments to address the fairness and compliance issues raised by the respondents. These amendments included clarifying the definition of ordinary hours of work and ensuring that the provisions for penalty rates and shift differentials were consistent with the Fair Work Act. The agreement was to be implemented with these changes, ensuring that it met the statutory requirements and provided fair terms and conditions for the employees.

Powertech Pty Ltd T/A Present Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established