Pro Design Projects Pty Ltd

[2018] FWCA 4898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pro Design Projects Pty Ltd

(AG2018/1978)

PRO DESIGN PROJECTS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 AUGUST 2018

Application for approval of the Pro Design Projects Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Pro Design Projects Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pro Design Projects Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2018. The nominal expiry date of the Agreement is 21 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the dispute were Pro Design Projects Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union representing employees. The nature of the dispute was an application for approval of the Pro Design Projects Pty Ltd Enterprise Agreement 2018. The case was heard in the Fair Work Commission.

The legal issues that the court was required to decide were whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement covered all employees of the employer, whether it provided for the appropriate minimum rates of pay and conditions, and if it included any terms that were contrary to public policy or were otherwise unenforceable.

The court found that the Enterprise Agreement was generally in compliance with the relevant provisions of the Act. The agreement covered all employees of the employer and provided for appropriate minimum rates of pay and conditions. However, the court did identify a few issues that needed to be addressed before the agreement could be approved. These issues related to the definition of certain terms, the calculation of overtime, and the provisions for dispute resolution. The court provided guidance on how these issues could be resolved and ultimately approved the Enterprise Agreement subject to these changes being made.

The final orders of the court were that the Pro Design Projects Pty Ltd Enterprise Agreement 2018 be approved subject to the aforementioned changes being made. The court also ordered that the employer and the union work together to resolve the identified issues and to provide the Commission with a report on the progress made within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established