Pebmac Pty Ltd Summary

[2014] FWCA 7120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pebmac Pty Ltd
(AG2014/8731)

PEBMAC PTY LTD (QFFS) EMPLOYEE ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 9 OCTOBER 2014

Application for approval of the Pebmac Pty Ltd (QFFS) Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pebmac Pty Ltd (QFFS) Employee Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pebmac Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 8 October 2014 undertakings were provided by Mr M Peberdy (Company Director), in relation to clause 9.3 (Other shift arrangements) and clause 34 (Variation to agreement) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 15 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Pebmac Pty Ltd, which sought approval for the Pebmac Pty Ltd (QFFS) Employee Enterprise Agreement 2014. The nature of the dispute was centred around the terms and conditions of employment as outlined in the proposed agreement and the procedural fairness in the manner in which the agreement was developed and negotiated. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that arose for the court's determination included whether the proposed agreement had been genuinely bargained, whether it complied with the procedural requirements under the Fair Work Act, and if the agreement was in the best interests of the employees and the employer. Additionally, the court had to consider whether the agreement met the statutory requirements concerning the good faith bargain and the minimum entitlements of the employees.

The Fair Work Commission found that the proposed agreement was indeed genuinely bargained, in good faith, and met the procedural requirements set out by the Fair Work Act. The court acknowledged that the negotiation process was fair and that the agreement was reflective of the terms agreed upon by both parties. The Commission also determined that the agreement was in the best interests of the employees, as it provided them with adequate protections and benefits. Consequently, the court approved the Pebmac Pty Ltd (QFFS) Employee Enterprise Agreement 2014, finding it to be compliant with the statutory requirements and suitable for the employees and employer.

Pebmac Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established