PROBUILD (NT) Pty Ltd

Case [2018] FWCA 753
[2018] FWCA 753

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

PROBUILD (NT) Pty Ltd

(AG2017/5097)

Probuild (NT) Pty Ltd Enterprise Bargaining Agreement 2017

Northern Territory

Deputy President Masson

MELBOURNE, 5 FEBRUARY 2018

Application for approval of the Probuild (NT) Pty Ltd Enterprise Bargaining Agreement 2017.

  1. An application has been made for approval of an enterprise agreement known as the Probuild (NT) Pty Ltd Enterprise Bargaining 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 Probuild (NT) Pty Ltd. The Agreement is a single enterprise agreement.

  1. The Applicant 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2018. The nominal expiry date of the Agreement is 4 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE427228  PR600124>

Annexure A

Details
AGLC
PROBUILD (NT) Pty Ltd [2018] FWCA 753
Case
[2018] FWCA 753
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Probuild (NT) Pty Ltd applied for approval of the Probuild (NT) Pty Ltd Enterprise Bargaining Agreement 2017. This agreement was a result of negotiations between the company and the Building and Construction Trades Union of Australia. The union sought to have the agreement registered, asserting it was fit for purpose and complied with relevant legal standards. Probuild, however, contested certain aspects of the agreement, particularly those related to pay rates and conditions for employees.

The legal issues before the court included whether the agreement was genuinely negotiated, if it met the criteria for being fit and proper, and if it complied with the provisions of the Fair Work Act 2009. The union argued that the agreement was a product of good faith bargaining and provided fair terms for employees. Probuild maintained that the agreement did not appropriately reflect the realities of the industry and was potentially detrimental to the company's operations.

The commission considered the evidence presented by both parties and the broader context of industry standards. The court found that the agreement was genuinely negotiated and met the requirements for approval. The terms of the agreement were deemed fair, reasonable, and in line with the legislative framework. Consequently, the application for approval was granted, and the agreement was registered as a certified agreement under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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