DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro-Built Control Pty Ltd T/A Pro-Built Control
(AG2017/4252)

PRO-BUILT CONTROL PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Pro-Built Control Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pro-Built Control Pty Ltd Enterprise Agreement 2017 (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 T/A Pro-Built Control. 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 is approved and, in accordance with s.54 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 30 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pro-Built Control Pty Ltd, trading as Pro-Built Control, filed an application before the Fair Work Commission seeking approval of the Pro-Built Control Pty Ltd Enterprise Agreement 2017. The agreement aimed to govern the employment conditions of its employees and was subject to the scrutiny of the Commission to ensure compliance with relevant labour laws and fairness in its terms.

The legal issues before the Commission included whether the agreement complied with statutory requirements and whether it met the standards of procedural and substantive fairness. The Commission had to assess whether the agreement was made in good faith, whether there was adequate consultation, and if the terms were fair and reasonable in the context of the industry and the bargaining positions of the parties involved.

In reaching its decision, the Commission examined the process of negotiation and consultation that led to the agreement. It found that the agreement was made in good faith and that there was sufficient consultation with the employees. The Commission also considered the specific terms of the agreement, including wages, working conditions, and dispute resolution mechanisms, determining that they were fair and reasonable. Consequently, the Commission approved the agreement, affirming its compliance with the necessary legal standards.

The final orders of the Commission included the approval of the Pro-Built Control Pty Ltd Enterprise Agreement 2017, thereby allowing it to take effect and govern the employment conditions as stipulated.

Pro-Built Control Pty Ltd T/A Pro-Built Control

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established