Pascoe's Pty Ltd T/A Pascoe's

[2023] FWCA 886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pascoe's Pty Ltd T/A Pascoe's

(AG2023/427)

PASCOE'S ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 23 MARCH 2023

Application for approval of the Pascoe's Enterprise Agreement 2022

Pascoe’s Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Pascoe's 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 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining representative

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 30 March 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pascoe's Pty Ltd, trading as Pascoe's, applied to the Fair Work Commission for approval of the Pascoe's Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for Pascoe's employees, as outlined in the proposed agreement. The Commission, presided over by Deputy President W.C. Rimmer, was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and efficient workplace relations, and whether it adhered to the provisions of the Fair Work Act, particularly in relation to the requirement for employee representation and the avoidance of unjust hardship. The applicant, Pascoe's, argued that the agreement was fair and efficient, while the objector raised concerns about the adequacy of employee representation and the potential for unjust hardship. The Commission needed to balance these concerns against the need for a functional and equitable enterprise agreement.

After careful consideration, the Commission found that the agreement was fair and efficient. It included provisions for employee representation that met the statutory requirements, and there was no evidence of unjust hardship. The Commission was satisfied that the agreement provided for efficient workplace relations and met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the Pascoe's Enterprise Agreement 2022, allowing it to come into effect as a legally binding document governing the employment conditions of Pascoe's employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established