DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primero Group Pty Ltd T/A Primero Group
(AG2016/7080)

PRIMERO ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2017

Application for approval of the Primero Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Primero 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 Primero Group Pty Ltd T/A Primero 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 from 12 January 2017. The nominal expiry date of the Agreement is 4 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Primero Group Pty Ltd, trading as Primero Group, was involved in a legal dispute concerning the approval of the Primero Enterprise Agreement 2016. The case was heard in the Fair Work Commission of Australia. The primary issue at hand was whether the agreement, which was intended to govern the terms and conditions of employment for certain employees, met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to address included whether the agreement provided for fair and reasonable terms, whether it was made in good faith, and if it complied with the procedural requirements for its approval. Additionally, the Commission considered whether the agreement sufficiently covered the various aspects of employment, including pay, conditions, and dispute resolution mechanisms, and whether it had the support of the relevant parties.

In its reasoning, the Fair Work Commission examined the content of the agreement and the process by which it was negotiated. The Commission found that the agreement was generally fair and reasonable, and it was made in good faith. The procedural requirements for approval were also satisfied. The Commission further noted that the agreement provided comprehensive coverage of the employment terms and had the necessary support from the parties involved. Consequently, the Commission approved the Primero Enterprise Agreement 2016, acknowledging its alignment with the statutory requirements and its potential to facilitate fair employment practices.

As a result of this decision, the Primero Enterprise Agreement 2016 was approved and can now be used to govern the terms and conditions of employment for the relevant employees. The approval signifies that the agreement meets the legal standards set out in the Fair Work Act 2009 and is fit for purpose in regulating the employment relationship between Primero Group and its employees.

Primero Group Pty Ltd T/A Primero Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established