| [2023] FWCA 2107 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Paull & Warner Resources Pty Ltd T/A PWR
(AG2023/2144)
PWR ENTERPRISE AGREEMENT 2022
| Mining industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 10 JULY 2023 |
Application for approval of the PWR Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the PWR Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 21 June 2023.
I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 July 2023. The nominal expiry date of the Agreement is 9 July 2027.
DEPUTY PRESIDENT
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- AGLC
- Paull & Warner Resources Pty Ltd T/A PWR [2023] FWCA 2107
- Case
- [2023] FWCA 2107
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the PWR Enterprise Agreement 2022 met the statutory criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement provided a safety net of minimum entitlements, facilitated flexibility in the workplace, and promoted high-performance work practices. The court also had to consider the process by which the agreement was negotiated and whether it was done in good faith.
The Fair Work Commission found that the PWR Enterprise Agreement 2022 was consistent with the objectives of the Fair Work Act. The agreement was deemed to provide a safety net of minimum entitlements, facilitate flexibility, and promote high-performance work practices. The commission concluded that the agreement was negotiated in good faith and followed the appropriate procedures. As such, the application for approval was granted, and the PWR Enterprise Agreement 2022 was approved.
The Fair Work Commission ordered that the PWR Enterprise Agreement 2022 be approved, effective from the date of the decision. The agreement would apply to all employees of Paull & Warner Resources Pty Ltd trading as PWR, who were not already covered by another applicable enterprise agreement or award.
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