DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGA Rendering (Aust) Pty Ltd
(AG2017/2633)

PGA RENDERING (AUST) PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 AUGUST 2017

Application for approval of the PGA Rendering (Aust) Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the PGA Rendering (Aust) Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PGA Rendering (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement contained a minor error at appendix C. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2017. The nominal expiry date of the Agreement is 13 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PGA Rendering (Aust) Pty Ltd, the applicant, sought approval of the Enterprise Agreement 2017 - 2021, which was to govern the employment terms of their workers. The application was made to the Fair Work Commission, which had the jurisdiction to approve such agreements under the Fair Work Act 2009. The opposition came from the Australian Manufacturing Workers' Union, the respondent, which argued that the agreement did not meet certain criteria required by the Act.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of section 230 of the Act, which mandates that agreements must be "fair and reasonable" and not "adversely affect" the employees. The Commission also had to consider the extent to which the agreement met the "better off overall test" under section 186. This test ensures that employees are not worse off financially due to the agreement.

The Commission found that the proposed agreement was fair and reasonable and did not adversely affect the employees. The agreement included provisions that aligned with the principles of enterprise bargaining and did not result in any employees being worse off financially. The Commission was satisfied that the agreement met the better off overall test, as it included provisions that were beneficial to the employees, such as improvements to shift penalties and provisions for additional leave. Therefore, the Commission approved the Enterprise Agreement 2017 - 2021.

The Commission's final order was that the PGA Rendering (Aust) Pty Ltd Enterprise Agreement 2017 - 2021 be approved under the Fair Work Act 2009, effective from the date of the decision. The approval was subject to the conditions that the agreement be in writing and signed by the parties. The decision was binding on all parties involved and was to be followed by the employer and the employees.

PGA Rendering (Aust) 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