Purcell's Engineering Pty Ltd

[2014] FWCA 5928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Purcell's Engineering Pty Ltd
(AG2014/6958)

PURCELL'S ENGINEERING PTY LTD CURTIS ISLAND LNG PROJECTS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 AUGUST 2014

Application for approval of the Purcell's Engineering Pty Ltd Curtis Island LNG Projects Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 August 2014 by Purcell’s Engineering Pty Ltd for the approval of a single-enterprise agreement known as the Purcell’s Engineering Pty Ltd Curtis Island LNG Projects Enterprise Agreement 2014(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not include a flexibility clause, as provided by s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Purcell's Engineering Pty Ltd, the applicant sought approval for the Purcell's Engineering Pty Ltd Curtis Island LNG Projects Enterprise Agreement 2014. The applicant, a company involved in the construction and engineering sectors, had entered into an enterprise agreement with a union representing its employees. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court had to ascertain whether the agreement was made in good faith, involved genuine bargaining, and whether it contained essential protections for employees. Additionally, the court needed to assess whether the agreement was in the best interests of the employees and did not adversely affect the operation of the business.

The Fair Work Commission, after reviewing the submissions and evidence, determined that the agreement was made in good faith, involved genuine bargaining, and contained the necessary protections for employees. The Commission found that the agreement was fair and did not unduly prejudice the business operations. Consequently, the court approved the enterprise agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission ordered the approval of the Purcell's Engineering Pty Ltd Curtis Island LNG Projects Enterprise Agreement 2014, subject to the terms and conditions outlined in the agreement. The decision underscored the importance of ensuring that enterprise agreements adhere to both procedural and substantive legal standards before they are approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established