Preservation Technologies Pty Ltd Summary

[2013] FWCA 2311

FAIR WORK COMMISSION

DECISION

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

Preservation Technologies Pty Ltd
(AG2013/875)

PRESERVATION TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 APRIL 2013

Application for approval of the Preservation Technologies Pty Ltd Enterprise Agreement 2013 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the Preservation Technologies Pty Ltd Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Preservation Technologies Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 19 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

Preservation Technologies Pty Ltd applied to the Fair Work Commission for the approval of the Preservation Technologies Pty Ltd Enterprise Agreement 2013 - 2016. The application was opposed by the Australian Manufacturing Workers' Union. The nature of the dispute involved the terms and conditions of employment for employees covered by the proposed agreement, including wages, working hours, and other employment-related matters.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "not contrary to the spirit of the Act" and if it contained the necessary minimum terms and conditions. The opposition argued that certain provisions of the agreement, particularly those concerning wages and working hours, were not in the spirit of the Act and did not provide adequate protections for employees.

In its decision, the Commission examined the provisions of the proposed agreement and the evidence presented by both parties. The Commission found that while some aspects of the agreement could be improved to better align with the spirit of the Act, the overall agreement did not fundamentally undermine the protections afforded to employees. The Commission approved the agreement, subject to certain modifications to address the concerns raised during the hearing. These modifications included adjustments to the wage provisions and the introduction of additional safeguards for employees.

The Fair Work Commission approved the Preservation Technologies Pty Ltd Enterprise Agreement 2013 - 2016, with modifications to the wage provisions and the inclusion of additional employee safeguards. The Commission's decision recognised the need for a balanced approach that recognised both the interests of the employer and the rights of employees, while ensuring that the agreement remained compliant with the Fair Work Act 2009.

Preservation Technologies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established