DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primero Group Ltd
(AG2020/4131)

PRIMERO ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 8 FEBRUARY 2021

Application for approval of the Primero Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Primero Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Primero Group Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertaking 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 from 15 February 2021. The nominal expiry date of the Agreement is 8 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510329 PR726732>
Annexure A

CaseChat Overview and Summary

Primero Group Ltd was before the Fair Work Commission, where the applicant sought approval for an enterprise agreement. The applicant, represented by counsel, argued that the agreement should be ratified, as it fairly reflected the bargaining positions of both parties. The respondent, which opposed the approval, contended that certain clauses within the agreement were unfair and did not meet the criteria for approval.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether its terms were fair and reasonable. The Commission needed to determine if the agreement met the statutory requirements under the Fair Work Act 2009. The Commission considered whether the agreement provided for a fair and efficient workplace, taking into account the balance of rights and obligations of the parties.

After reviewing the submissions and evidence, the Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The Commission determined that the agreement met all statutory requirements for approval. The Commission noted that while some provisions were contentious, they did not render the agreement invalid. The Commission approved the Primero Enterprise Agreement 2020, finding that it was in the best interests of the parties involved and conducive to a productive and harmonious workplace.

The Fair Work Commission approved the Primero Enterprise Agreement 2020, confirming its compliance with the Fair Work Act 2009. This decision provides clarity for the parties and sets a precedent for similar agreements in the future.

Primero Group Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established