DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Industrial Company (WA) Pty Ltd as Trustee for Steelfab Unit Trust
(AG2019/3278)

PACIFIC INDUSTRIAL COMPANY WORKSHOP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 16 OCTOBER 2019

Application for approval of the Pacific Industrial Company Workshop Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Industrial Company Workshop Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Industrial Company (WA) Pty Ltd as Trustee for Steelfab Unit Trust. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 23 October 2019. The nominal expiry date of the Agreement is 24 August 2023.

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Pacific Industrial Company (WA) Pty Ltd as trustee for the Steelfab Unit Trust, which sought approval of the Pacific Industrial Company Workshop Enterprise Agreement 2019. The dispute centred around the application of the agreement, which was proposed to replace existing agreements covering employees of the respondent entity. The respondents, including various unions and individual employees, contested the application, arguing that the agreement did not meet the necessary standards under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement provided for the mandatory terms as required by the Fair Work Act, and whether it had been fairly negotiated. The Commission examined the fairness of the agreement by considering the process through which it was negotiated, the content of the agreement itself, and whether it provided for a safety net of minimum wages and conditions. The Commission also needed to determine if the agreement would provide employees with a safety net of minimum wages and conditions, and whether it was appropriately certified as a single interest, multi-employer bargaining agreement.

The Fair Work Commission determined that the application for approval of the agreement was valid. The Commission found that the agreement provided for the mandatory terms and that the negotiation process was fair and appropriate. The content of the agreement was deemed to offer a safety net of minimum wages and conditions, and the Commission was satisfied that it met the requirements for single interest, multi-employer bargaining. Consequently, the application for approval of the Pacific Industrial Company Workshop Enterprise Agreement 2019 was granted.

The final orders of the Commission included the approval of the agreement as a single interest, multi-employer bargaining agreement, and the cessation of the existing agreements upon the effective date of the new agreement. The Fair Work Commission's decision upheld the agreement, providing a clear framework for the terms and conditions of employment for the affected employees.

Pacific Industrial Company (WA) Pty Ltd as Trustee for Steelfab Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established