Primero Group Pty Ltd

[2013] FWCA 710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primero Group Pty Ltd
(AG2012/13174)

PRIMERO GROUP PTY LTD - ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 FEBRUARY 2013

Application for approval of the Primero Group Pty Ltd - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Primero Group Pty Ltd - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Primero Group Pty Ltd sought approval of an Enterprise Agreement 2012 under the Fair Work Act 2009. The respondents, represented by the Australian Workers’ Union, opposed the application, arguing the agreement failed to meet the "better off overall test" and contained provisions that contravened the Act. The dispute was heard in the Fair Work Commission.

The legal issues before the Commission included whether the agreement provided employees with a direct financial advantage that was at least equal to 15% of their remuneration and whether any unfair dismissal provisions contravened the Act. The Commission also examined the fairness of the agreement's terms and conditions, particularly in relation to the classification of employees and the impact on their overall conditions.

The Fair Work Commission found that the agreement did not provide employees with a direct financial advantage equal to 15% of their remuneration. However, the Commission concluded that the agreement was still fair as it met the "better off overall test" due to other benefits provided, such as improved working conditions and job security. The Commission found the agreement to be fair and approved it under the Act. The Commission did not find any provisions that contravened the Act and upheld the validity of the agreement.

The final orders included the approval of the Enterprise Agreement 2012, subject to certain conditions that the parties had agreed upon. The Commission also directed that the agreement would be registered with the Fair Work Commission and would be in effect for the period specified in the agreement. The Commission's decision was based on a comprehensive analysis of the agreement's terms and conditions and their impact on the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established