DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pyramid Group (Aust) Pty Ltd T/A Pyramid Group Australia
(AG2017/725)

PYRAMID GROUP EMPLOYEE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 28 MARCH 2017

Application for approval of the Pyramid Group Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pyramid Group Employee Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pyramid Group (Aust) Pty Ltd T/A Pyramid Group Australia. The Agreement is a multi-enterprise 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 is approved and, in accordance with s.54 of the Act, will operate from 4 April 2017. The nominal expiry date of the Agreement is 28 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Pyramid Group, trading as Pyramid Group Australia, applied for the approval of the Pyramid Group Employee Enterprise Agreement 2017. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The applicant sought to establish the terms and conditions of employment for its employees under the proposed agreement.

The legal issues before the commission included whether the proposed agreement provided for the mandatory minimum entitlements set out in the Fair Work Act, and whether the agreement complied with the procedural requirements for its approval. The commission also needed to determine if the agreement was in the interests of the employees it covered.

The commission determined that the proposed agreement did indeed meet the statutory minimum entitlements, and it was satisfied that the procedural requirements for approval had been met. The commission also found that the agreement was in the interests of the employees, as it provided for fair and reasonable terms of employment, while also accommodating the business needs of the applicant. The commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The final orders included the approval of the Pyramid Group Employee Enterprise Agreement 2017, with specific modifications to ensure compliance with the Fair Work Act. These modifications related to the calculation of penalty rates and the provision of shift allowances. The agreement was approved to commence on the date of the decision and to remain in force until 30 June 2022, subject to the parties negotiating a new agreement prior to that date.

Pyramid Group (Aust) Pty Ltd T/A Pyramid Group Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established