Pegasus Media & Logistics Pty Ltd

[2025] FWCA 2999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pegasus Media & Logistics Pty Ltd

(AG2025/2734)

PEGASUS MEDIA & LOGISTICS ENTERPRISE AGREEMENT 2025

Graphic Arts
COMMISSIONER P RYAN	SYDNEY, 5 SEPTEMBER 2025

Application for approval of the Pegasus Media & Logistics Enterprise Agreement 2025

Pegasus Media & Logistics Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Pegasus Media & Logistics Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 September 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Pegasus Media & Logistics Pty Ltd applied for the approval of the Pegasus Media & Logistics Enterprise Agreement 2025. The dispute centred around the terms and conditions of employment as stipulated in the proposed agreement. The applicant argued that the agreement was fair and reasonable, while the respondent contested certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement adequately provided for employees' terms and conditions, whether it was made in good faith, and whether it was compliant with the national minimum standards set out in the Fair Work Act. The Commission also considered the process by which the agreement was made, including the representation of employees and the fairness of the negotiation process.

The Commission found that the agreement was fair and reasonable, taking into account the provisions for wages, hours of work, and other employment conditions. It concluded that the agreement was made in good faith and that the negotiation process was fair and transparent. The Commission approved the agreement, noting that it met the statutory criteria for approval under the Fair Work Act. The decision was made in light of the overall fairness of the agreement and its compliance with national employment standards.

The Fair Work Commission approved the Pegasus Media & Logistics Enterprise Agreement 2025, effective from 1 April 2025. The decision recognised the agreement as fair and reasonable, providing adequate terms and conditions for employees and complying with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established