DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Proweld Constructions Pty Ltd
(AG2018/2436)

PROWELD CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 AUGUST 2018

Application for approval of the Proweld Constructions Pty Ltd Enterprise Agreement 2018.

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

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 7 August 2018 and, in accordance with s.54, will operate from 14 August 2018. The nominal expiry date of the Agreement is 7 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Proweld Constructions Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union, sought approval of the Proweld Constructions Pty Ltd Enterprise Agreement 2018 from the Fair Work Commission (FWC). The agreement sought to regulate employment conditions for workers in the construction industry. The FWM, after considering submissions from both parties, was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the provisions of the Act, particularly whether it provided for a fair and efficient bargaining process, and whether it contained terms that were not contrary to public policy. The FWC also considered whether the agreement provided for the protection of workers' rights and interests, and whether it included adequate mechanisms for resolving disputes. Furthermore, the FWC examined whether the agreement included terms that were not discriminatory and provided for equal treatment of workers.

After careful consideration of the arguments presented by both parties, the FWC found that the agreement met the criteria for approval. The FWC determined that the agreement provided for a fair and efficient bargaining process and contained terms that were not contrary to public policy. The FWC also found that the agreement provided for the protection of workers' rights and interests, and included adequate mechanisms for resolving disputes. Additionally, the FWC concluded that the agreement did not include terms that were discriminatory or provided for unequal treatment of workers. The FWC was satisfied that the agreement was in the best interests of the employees and employers covered by it.

The FWC approved the Proweld Constructions Pty Ltd Enterprise Agreement 2018, and it is now legally binding on both parties. The agreement sets out the terms and conditions of employment for workers in the construction industry, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The approval of the agreement ensures that workers are protected by fair and equitable employment conditions, and that employers can operate within a predictable and stable industrial relations framework.

Proweld Constructions 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