The Pride Group (QLD) Pty Ltd

[2023] FWCA 583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Pride Group (QLD) Pty Ltd

(AG2022/5607)

THE PRIDE GROUP (QLD) PTY LTD ENTERPRISE AGREEMENT 2022

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 22 FEBRUARY 2023

Application for approval of the The Pride Group (QLD) Pty Ltd Enterprise Agreement 2022

The Pride Group (QLD) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as The Pride Group (QLD) Pty Ltd Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 22 February 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Pride Group (QLD) Pty Ltd sought approval of its enterprise agreement from the Fair Work Commission (FWC). The Pride Group, an employer in the construction industry, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a registered trade union, had negotiated an enterprise agreement. The FWC was required to determine whether the agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009.

The central issue before the FWC was whether the enterprise agreement complied with the provisions of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith. The FWC also had to consider if the agreement provided for an effective means of dispute resolution and if it met the "better off overall test" (BOOT). This test ensures that employees are no worse off financially under the new agreement than they would be under the applicable award or agreement.

The FWC found that the enterprise agreement was fair and reasonable and had been negotiated in good faith. It concluded that the agreement provided for effective dispute resolution mechanisms and met the BOOT. The FWC noted that the agreement improved upon the existing award by providing for better wages and conditions for employees, including provisions for additional leave, improved shift patterns, and better superannuation contributions. The FWC approved the agreement, finding it to be in the best interests of the employees covered by it.

The FWC approved the enterprise agreement, effective from the date of the decision. The agreement will now apply to the employees of The Pride Group (QLD) Pty Ltd, providing them with the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established