PCS Labour Hire Pty Ltd Summary

[2025] FWCA 3232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PCS Labour Hire Pty Ltd

(AG2025/3031)

PCS LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2025–2029

Building, metal and civil construction industries
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 24 SEPTEMBER 2025

Application for approval of the PCS Labour Hire Pty Ltd Enterprise Agreement 2025–2029

Introduction

PCS Labour Hire Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the PCS Labour Hire Pty Ltd Enterprise Agreement 2025–2029 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Workplace Delegates Rights’ Term

The Agreement does not contain a Workplace Delegates’ Rights Term. In accordance with s.205A of the Act, I note that the delegates rights term at clause 36A of the Building and Construction General On-Site Award 2020 is taken to be a term of the Agreement.

Section 190 Undertakings

The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved PCS Labour Hire Pty Ltd, an applicant seeking approval for the PCS Labour Hire Pty Ltd Enterprise Agreement 2025–2029. The application was heard by the Fair Work Commission (FWC), the industrial relations tribunal in Australia. The dispute centred on whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement complied with the requirements for good faith bargaining, the protection of employee rights, and the avoidance of unfair dismissal provisions.

The legal issues the FWC had to address included whether the agreement was genuinely negotiated between the parties, whether it adequately protected employee rights, and if it adhered to the legislative framework regarding the resolution of disputes. Additionally, the FWC had to ensure that the agreement did not contain terms that could be considered harsh, unjust, or oppressive. The FWC also considered the balance of power between the employer and employees, and whether the agreement was likely to promote a productive and harmonious workplace.

The FWC found that the agreement was negotiated in good faith and met the requirements for approval. It was satisfied that the agreement protected the rights of employees, including provisions for reasonable working hours, overtime, and dispute resolution mechanisms. The FWC also concluded that the agreement did not contain any harsh, unjust, or oppressive terms. The tribunal found that the agreement was likely to promote a productive and harmonious workplace by providing clear guidelines for the employment relationship. Based on these findings, the FWC approved the agreement, subject to the terms and conditions set out in the decision.

The final orders of the FWC approved the PCS Labour Hire Pty Ltd Enterprise Agreement 2025–2029, with specific conditions that the agreement must be implemented and adhered to by both parties. The decision emphasised the importance of maintaining a fair and balanced approach to industrial relations and highlighted the need for ongoing compliance with the Fair Work Act 2009. The tribunal's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement would operate effectively within the legal framework.

PCS Labour Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established