Pro Design Projects Pty Ltd T/A Pro Design Projects Pty Ltd

Case [2023] FWCA 2857
[2023] FWCA 2857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pro Design Projects Pty Ltd T/A Pro Design Projects Pty Ltd

(AG2023/2834)

PRO DESIGN PROJECTS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries

COMMISSIONER YILMAZ

MELBOURNE, 6 SEPTEMBER 2023

Application for approval of the Pro Design Projects Pty Ltd Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Pro Design Projects Pty Ltd Enterprise Agreement 2023 (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 T/A Pro Design Projects Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Agreement is approved and in accordance with s.54, will operate from 13 September 2023. The nominal expiry date of the Agreement is 6 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521397  PR765946>

Details
AGLC
Pro Design Projects Pty Ltd T/A Pro Design Projects Pty Ltd [2023] FWCA 2857
Case
[2023] FWCA 2857
Decision Date

CaseChat Overview and Summary

Pro Design Projects Pty Ltd, trading as Pro Design Projects Pty Ltd, sought approval for the Pro Design Projects Pty Ltd Enterprise Agreement 2023. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The central issue was whether the agreement met the criteria for 'simplification, clarity and accessibility' as mandated by the legislation.

The Fair Work Commission examined whether the terms of the agreement were expressed in clear and accessible language, as required by section 228(1)(a) of the Act. Additionally, the Commission considered whether the agreement adhered to the 'simplification, clarity and accessibility' principle outlined in section 228(1)(b) of the Act. The Commission also assessed whether the agreement provided for procedural fairness, as stipulated in section 228(1)(d) of the Act.

In its decision, the Fair Work Commission found that the agreement met the necessary requirements under the Act. The Commission noted that the language used in the agreement was clear and accessible, and that it complied with the simplification, clarity and accessibility principle. Furthermore, the Commission determined that the agreement provided for procedural fairness. Consequently, the Commission approved the Pro Design Projects Pty Ltd Enterprise Agreement 2023.

As a result of the Commission's decision, the Pro Design Projects Pty Ltd Enterprise Agreement 2023 was approved and is now in effect. The agreement will govern the employment terms and conditions of the employees covered by the agreement.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.