Pacific Services Group Pty Ltd (PSG) NSW Summary

[2013] FWCA 1827

FAIR WORK COMMISSION

DECISION

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

Pacific Services Group Pty Ltd (PSG) NSW
(AG2013/429)

PACIFIC SERVICES GROUP (NSW) PTY LTD 2012-2016 UNION ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 25 MARCH 2013

Application for the approval of the Pacific Services Group (NSW) Pty Ltd 2012-2016 Union Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Services Group (NSW) Pty Ltd 2012-2016 Union Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers those electrical workers who are engaged in one of the classifications contained in schedule A of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 1 April 2013. The nominal expiry date of the Agreement is 1 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter are Pacific Services Group (NSW) Pty Ltd and the Electrical Trades Union of Australia, with the dispute concerning the application for approval of the Pacific Services Group (NSW) Pty Ltd 2012-2016 Union Enterprise Agreement. The case was heard in the Fair Work Commission, a statutory body established under the Fair Work Act 2009. The Commission has the authority to approve, reject, or seek amendments to enterprise agreements, ensuring they meet the necessary standards and do not negatively impact the public interest.

The primary legal issues the Commission had to address were whether the agreement adhered to the statutory requirements of the Fair Work Act, including its alignment with the "better off overall test." This test ensures that employees under the agreement are not worse off financially compared to their existing conditions. Additionally, the Commission examined whether the agreement complied with the provisions concerning minimum rates of pay, penalty rates, and other employment conditions stipulated in the Act.

In its decision, the Commission carefully considered the submissions from both parties and the evidence presented. It found that the proposed agreement met the statutory requirements and passed the better off overall test, as it provided employees with improved conditions and benefits. The Commission also noted that the agreement was consistent with the relevant industrial instruments and did not negatively impact the public interest. Consequently, the Fair Work Commission approved the Pacific Services Group (NSW) Pty Ltd 2012-2016 Union Enterprise Agreement.

As a result of the approval, the agreement will now come into effect and govern the employment conditions of the employees covered by it. The decision affirms the importance of enterprise agreements in providing a framework for fair and effective workplace relations, while also ensuring the rights and interests of both employers and employees are protected.

Pacific Services Group Pty Ltd (PSG) NSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established