DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paull and Warner Resources Pty Ltd T/A PWR
(AG2018/2313)

PWR ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 8 NOVEMBER 2018

Application for approval of the PWR Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PWR Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paull and Warner Resources Pty Ltd T/A PWR. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s. 190 of the Act. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2018. The nominal expiry date of the Agreement is 7 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Paull and Warner Resources Pty Ltd trading as PWR, and the application for the approval of the PWR Enterprise Agreement 2018. The dispute centred around the terms and conditions of the agreement as proposed by the employer, specifically whether they were fair and reasonable in light of the applicable industrial laws. The application was heard by the Commission, which was required to assess whether the agreement complied with the standards set by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement were procedurally and substantively compliant with the Fair Work Act. Procedurally, the Commission needed to determine if the agreement was made in accordance with the necessary processes, including proper consultation and good faith bargaining. Substantively, the Commission had to examine whether the agreement's terms were fair, reasonable, and met the minimum standards required by the Act. This involved considering factors such as pay rates, hours of work, leave entitlements, and other employment conditions.

In its decision, the Commission found that the agreement had been made in accordance with the necessary processes. The employer had engaged in good faith bargaining and had adequately consulted with the employees and their representatives. On the substantive front, the Commission determined that the agreement's terms were fair and reasonable. The proposed conditions were consistent with the minimum standards set by the Fair Work Act and took into account the specific circumstances of the workplace. The Commission was satisfied that the agreement would not have an adverse effect on the employees' terms and conditions of employment.

As a result, the Commission approved the PWR Enterprise Agreement 2018, confirming its compliance with the Fair Work Act. This decision allowed the agreement to be implemented, thereby providing a clear framework for the terms and conditions of employment within the PWR organisation.

Paull and Warner Resources Pty Ltd T/A PWR

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established