PDW Australia Pty Ltd

[2013] FWCA 3181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PDW Australia Pty Ltd
(AG2013/449)

PDW AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 21 MAY 2013

Application for approval of the PDW Australia Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the PDW Australia Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by PDW Australia Pty Ld. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 28 May 2013. The nominal expiry date of the Agreement is 27 May 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

PDW Australia Pty Ltd, an employer, applied for the approval of an Enterprise Agreement 2013-2017 with its employees, who are represented by a union. The application was made under the Fair Work Act 2009. The dispute before the Fair Work Commission involved whether the agreement met the requirements for registration under the Act, including whether it provided for a fair and efficient workplace, and whether it was free from prohibited content. The Commission was required to determine if the agreement was in the interests of the employees and if it complied with the provisions of the Act.

The Commission considered the content of the agreement, the submissions of the parties, and the relevant legislative provisions. The employer argued that the agreement was fair and efficient and provided for a good workplace. The union contended that the agreement did not provide for adequate protection for employees and contained unfair provisions. The Commission found that the agreement was fair and efficient and met the requirements of the Act. The Commission was satisfied that the agreement provided for a good workplace and was in the interests of the employees.

The Commission approved the Enterprise Agreement 2013-2017. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect from the date of registration until 30 June 2017, or until terminated earlier in accordance with the agreement or the Act. The decision was final and binding on the parties and could not be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established