DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosys Services Pty Ltd
(AG2016/3558)

PROSYS SERVICES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prosys Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 22 July 2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 1 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Prosys Services Pty Ltd and its employees, represented by the Electrical Trades Union of Australia. The dispute centred around the application for approval of the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the Enterprise Agreement was made in good faith, if it contained the minimum terms and conditions required by law, and if it was procedurally sound. Specifically, the FWC needed to assess if the agreement had been fairly negotiated and if it contained all the mandated minimum entitlements, including wages, hours of work, and other employment conditions. Additionally, the FWC had to consider whether the process leading to the agreement's creation was fair and appropriate.

In reaching its decision, the FWC examined the evidence provided by both parties. The Commission noted that the agreement had been negotiated over several meetings and that the union had represented the employees throughout the process. The FWC found that the agreement contained all the minimum terms and conditions required by law and that it was made in good faith. The FWC also determined that the process leading to the agreement was fair and appropriate. Consequently, the FWC approved the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020.

Prosys Services 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