DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PC Mobile Welding Australia Pty Ltd T/A PC Mobile Welding
(AG2016/1158)

PC MOBILE WELDING AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2016

Application for approval of the PC Mobile Welding Australia Pty. Ltd. Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the PC Mobile Welding Australia Pty. Ltd. Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PC Mobile Welding Australia Pty Ltd T/A PC Mobile Welding. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 May 2016 and, in accordance with s.54, will operate from 25 May 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by PC Mobile Welding Australia Pty Ltd, trading as PC Mobile Welding, for the approval of its Enterprise Agreement 2016-2019. The application was made under the Fair Work Act 2009 and was heard by the Fair Work Commission. The primary dispute revolves around the terms and conditions of employment as outlined in the proposed agreement, which seeks to establish a new framework for the company's workforce.

The legal issues central to this case include whether the terms of the Enterprise Agreement meet the statutory requirements for approval under the Fair Work Act, specifically focusing on the "better off overall test". This test requires that employees be no worse off financially and, ideally, better off overall when compared to their previous terms of employment or the relevant award. The court also had to consider whether the agreement complied with other legislative requirements, such as provisions for redundancy and notice periods.

The Fair Work Commission, after reviewing the application and considering the submissions from both the employer and the relevant union, found that the proposed Enterprise Agreement met the statutory requirements. The Commission determined that the agreement provided for terms and conditions that were not less favourable than those provided under the applicable award, and employees would be better off overall. The Commission emphasised that the agreement included provisions for redundancy payments and other benefits that exceeded those mandated by the award. Therefore, the Commission approved the Enterprise Agreement, finding it to be fair and reasonable in all aspects.

The final orders of the Commission mandated that the Enterprise Agreement 2016-2019 be approved and registered under the Fair Work Act. This decision provided clarity for the parties involved and established the terms of employment for the workforce of PC Mobile Welding Australia Pty Ltd for the specified period.

PC Mobile Welding Australia Pty Ltd T/A PC Mobile Welding

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established