DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Productivity Force Pty Ltd
(AG2015/5962)

PRODUCTIVITY FORCE PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Productivity Force Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Productivity Force Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Productivity Force Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 10 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Productivity Force Pty Ltd applied to the Fair Work Commission for the approval of the Productivity Force Pty Ltd Enterprise Agreement 2015 - 2018. The applicant and respondents were Productivity Force Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union respectively. The applicants argued that the proposed agreement was a genuine enterprise agreement and met the requirements of the Fair Work Act 2009.

The central issue before the court was whether the agreement was a genuine enterprise agreement and met the requirements of the Fair Work Act 2009. The court was required to determine if the agreement was fairly negotiated and if it complied with the provisions of the Act.

The court held that the agreement was a genuine enterprise agreement and met the requirements of the Fair Work Act 2009. The court found that the agreement was fairly negotiated and that it complied with the provisions of the Act. The court noted that the agreement was negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. The court also found that the agreement met the requirements of the Act in terms of the coverage of the agreement, the provisions of the agreement, and the manner in which the agreement was negotiated.

The Fair Work Commission approved the Productivity Force Pty Ltd Enterprise Agreement 2015 - 2018. The applicant's application for approval of the agreement was successful.

Productivity Force Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established