Professional Excavations Pty Ltd

[2016] FWCA 1223

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Professional Excavations Pty Ltd

(AG2016/88)

PROFESSIONAL EXCAVATIONS PTY LTD SINGLE ENTERPRISE

AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Professional Excavations Pty Ltd Single Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Professional Excavations Pty Ltd Single Enterprise Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Professional Excavations 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1223

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

4 March 2016. The nominal expiry date of the Agreement is 25 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1223

ANNEXURE A

CaseChat Overview and Summary

Professional Excavations Pty Ltd applied for approval of their Single Enterprise Agreement 2015, under section 185 of the Fair Work Act 2009. The agreement, which pertains to the building, metal, and civil construction industries, was submitted for review and potential approval by Commissioner Gregory. The company provided written undertakings as part of the application process, which were reviewed to ensure they would not financially harm any employees or significantly alter the agreement's terms. The commissioner determined that the agreement met the relevant requirements of sections 186, 187, 188, and 190 of the Act, and the model consultation term prescribed by the Fair Work Regulations 2009 was incorporated into the agreement.

The primary legal issues in this case involved verifying the agreement's compliance with the Fair Work Act 2009 and ensuring that the agreement's terms would not negatively impact employees. The commissioner's role was to assess the agreement's provisions and the company's written undertakings to determine if they met the necessary criteria for approval. The commissioner also had to ensure that the agreement adhered to the model consultation term prescribed by the Fair Work Regulations 2009, which would become a term of the agreement if approved. By examining the agreement's provisions and the company's undertakings, the commissioner was able to conclude that the agreement met all the requirements for approval and would not cause any financial detriment to the employees.

The commissioner's reasoning was that the agreement met the relevant requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The written undertakings provided by the company ensured that employees would not suffer financial detriment, and the agreement's terms would not undergo substantial changes. As a result, the commissioner approved the agreement, and it will operate from 4 March 2016, with a nominal expiry date of 25 February 2020. The commissioner's decision to approve the agreement demonstrates a thorough examination of the agreement's provisions and the company's undertakings, ensuring compliance with the necessary legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established