DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PCR Polyweld Pty Ltd
(AG2020/2191)

PCR POLYWELD PTY LTD A.C.N 120 390 847 ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 3 SEPTEMBER 2020

Application for approval of the PCR Polyweld Pty Ltd A.C.N 120 390 847 Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the PCR Polyweld Pty Ltd A.C.N 120 390 847 Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by PCR Polyweld Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] On 27 August 2020 the Applicant advised my chambers that there appeared to be a typographical error at clause 3 and proposing I exercise power under s.586 to correct the error. I consider it appropriate to exercise power under s.586 of the Act to correct the typographical error.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PCR Polyweld Pty Ltd, an employer, applied for the approval of an enterprise agreement. The application was opposed by the Transport Workers Union of Australia, which represented some of the employees. The dispute was heard in the Fair Work Commission. The central issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage of employees and the process through which it was negotiated. The union argued that the agreement did not adequately represent the interests of all employees and questioned the fairness of the negotiation process.

The Commission examined the negotiation process and the content of the agreement. It considered whether the agreement was made in good faith and whether it provided for a fair and reasonable outcome for the employees. The union submitted that there was insufficient consultation and that the agreement failed to address key issues affecting the employees. The employer, on the other hand, argued that the agreement was the result of a genuine negotiation process and that it provided for fair terms and conditions of employment.

After reviewing the evidence and submissions, the Commission concluded that the agreement was made in good faith and that it provided for a fair and reasonable outcome for the employees. The Commission found that the negotiation process was fair and that the agreement covered all relevant employees. The application for approval was therefore approved, and the enterprise agreement was registered. The union's opposition was dismissed.

The Fair Work Commission approved the application for the approval of the PCR Polyweld Pty Ltd Enterprise Agreement 2020. The agreement was registered, and the Transport Workers Union of Australia's opposition was dismissed. The employees covered by the agreement were now bound by its terms and conditions.

PCR Polyweld Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established