Probuild Civil Pty Ltd

[2014] FWCA 1804

The attached document replaces the document previously issued with the above code on 24 March 2014.

The name of the Agreement has been corrected.

Laura Fitzpatrick

Associate to Senior Deputy President Richards

Dated 25 March 2014

[2014] FWCA 1804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Probuild Civil Pty Ltd
(AG2014/502)

PROBUILD CIVIL PTY LTD ENTERPRISE AGREEMENT, 2014-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 MARCH 2014

Application for approval of the Probuild Civil Pty Ltd Enterprise Agreement, 2014-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 March 2014 by Probuild Civil Pty Ltd for the approval of a single-enterprise agreement known as the Probuild Civil Pty Ltd Enterprise Agreement, 2014-2018(“the Agreement”).

[2] On 20 March 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Probuild Civil Pty Ltd Enterprise Agreement, 2014-2018, before the Fair Work Commission. Probuild Civil Pty Ltd, a company engaged in civil construction, sought approval for the enterprise agreement which sets out the terms and conditions of employment for its employees. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval by the Commission.

The primary legal issues before the court were whether the agreement provided for a direct and meaningful consultation process as mandated by section 172 of the Fair Work Act, and whether the agreement adequately protected the rights of employees as required by the Act. Specifically, the court had to determine if the consultation process outlined in the agreement was sufficient to ensure meaningful participation of employees and if the terms of the agreement were fair and reasonable, taking into account various factors including the nature of the business, the bargaining power of the parties, and the impact on employees.

The Fair Work Commission found that the Probuild Civil Pty Ltd Enterprise Agreement, 2014-2018, did provide for a direct and meaningful consultation process. The Commission noted that the agreement included provisions for the formation of a joint consultative committee and outlined procedures for communication and negotiation between the employer and employees. Furthermore, the Commission considered the terms of the agreement to be fair and reasonable, noting that they provided adequate protections for employees and balanced the interests of both parties. The Commission concluded that the agreement met the necessary criteria for approval under the Fair Work Act.

In approving the Probuild Civil Pty Ltd Enterprise Agreement, 2014-2018, the Fair Work Commission ordered that the agreement be registered with the Commission, thereby making it a legally binding enterprise agreement between Probuild Civil Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established