Professional Wind Services Pty Ltd T/A Professional Wind Services Summary

[2022] FWCA 3951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Professional Wind Services Pty Ltd T/A Professional Wind Services

(AG2022/4071)

Professional Wind Services (Construction Employees) Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 10 NOVEMBER 2022

Application for approval of the Professional Wind Services (Construction Employees) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Professional Wind Services (Construction Employees) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Professional Wind Services Pty Ltd T/A Professional Wind Services (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 2.3(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Professional Wind Services Pty Ltd, trading as Professional Wind Services, sought approval for the Professional Wind Services (Construction Employees) Enterprise Agreement 2022. The application was heard by the Fair Work Commission, which has jurisdiction over such matters. The dispute centred on whether the agreement complied with relevant legislative provisions and whether it was appropriately made.

The primary legal issues were whether the agreement was genuinely made by the parties, whether it was negotiated in good faith, and whether it contained the requisite minimum terms and conditions. The commission had to assess if the agreement met the standards set by the Fair Work Act 2009. Specifically, the commission examined if the agreement was made without any coercion and if it included the necessary provisions regarding pay rates, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission determined that the agreement was genuinely made, negotiated in good faith, and contained all the required minimum terms and conditions. The commission found that the process followed was fair and transparent, and that the agreement met the necessary statutory requirements. Consequently, the commission approved the enterprise agreement, confirming its compliance with the relevant legislation.

The final orders of the commission were that the Professional Wind Services (Construction Employees) Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement is legally binding and enforceable between the parties involved.

Professional Wind Services Pty Ltd T/A Professional Wind Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established