Steelfab Unit Trust T/A Pacific Industrial Company
[2024] FWCA 3955
•12 NOVEMBER 2024
| [2024] FWCA 3955 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Steelfab Unit Trust T/A Pacific Industrial Company
(AG2024/3971)
PACIFIC INDUSTRIAL COMPANY RESOURCES ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 12 NOVEMBER 2024 |
Application for approval of the Pacific Industrial Company Resources Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Pacific Industrial Company Resources Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steelfab Unit Trust T/A Pacific Industrial Company (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 August 2024 and the Agreement was made on 9 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings (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.
During the process of considering the application a potential concern was identified with respect to the dates of issue of the NERR. The Applicant has provided an explanation of this process and I am satisfied that the process of issuing the NERR complied with the requirements of the Act.
The flexibility term contained in the Agreement was not consistent with the relevant provision in the Act and as such the model flexibility term is taken to be a term of the Agreement.
A concern was identified with respect to pay for apprentices engaged under the Agreement. However, the Applicant has clarified the statement it made in the Form F17 with respect to apprentices and confirmed that no apprentices will be engaged under the terms of 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2024. The nominal expiry date of the Agreement is 12 November 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A:
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