Pro-Built Control Pty Ltd

[2013] FWCA 5570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro-Built Control Pty Ltd
(AG2013/7570)

PRO-BUILT CONTROL PTY LTD ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 AUGUST 2013

Application for approval of the Pro-Built Control Pty Ltd Enterprise Agreement 2013.

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

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

[3] The Agreement was approved on 9 August 2013 and, in accordance with s.54, will operate from 16 August 2013. The nominal expiry date of the Agreement is 16 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pro-Built Control Pty Ltd applied for the approval of the Pro-Built Control Pty Ltd Enterprise Agreement 2013 before the Fair Work Commission. The agreement, which was entered into between Pro-Built Control Pty Ltd and the Building and Construction Union, sought to regulate the terms and conditions of employment for employees within the construction industry. The application was made under the Fair Work Act 2009, which requires certain agreements to be approved by the Commission before they can be registered and enforced.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "better off overall" and "no detriment" as outlined in the Act. The Commission also had to consider whether the agreement contained provisions that were contrary to public policy or inconsistent with the provisions of the National Employment Standards.

In reaching its decision, the Commission examined the terms of the agreement and the submissions made by the parties. It found that the agreement met the "better off overall" test, as it provided for a range of benefits for employees, including increased wages and improved working conditions. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or inconsistent with the provisions of the National Employment Standards. As a result, the Commission approved the agreement and ordered that it be registered with the Fair Work Register.

The Fair Work Commission approved the Pro-Built Control Pty Ltd Enterprise Agreement 2013 and ordered that it be registered with the Fair Work Register. This decision provides clarity for employers and employees within the construction industry and ensures that the agreement is enforceable under the Fair Work Act 2009. The approval of this agreement demonstrates the importance of negotiated agreements in achieving better outcomes for employees and promoting harmonious industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established