PGC Resources Pty Ltd

[2013] FWCA 8182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGC Resources Pty Ltd
(AG2013/2442)

PGC RESOURCES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 OCTOBER 2013

Application for approval of the PGC Resources Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PGC Resources Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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.

[2] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PGC Resources Pty Ltd was the subject of an application for the approval of the PGC Resources Enterprise Agreement 2013. The applicant, the Australian Manufacturing Workers' Union, sought the approval of the agreement under section 186 of the Fair Work Act 2009 (Cth). The application was made to the Fair Work Commission, presided over by Deputy President R K Jones.

The legal issues before the court centred on whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment, whether it adhered to the prescribed minimum standards, and whether the agreement was made in good faith and through a genuine process of bargaining. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about certain provisions.

The court found that the agreement provided for fair and reasonable terms and conditions of employment. The court also found that the agreement adhered to the prescribed minimum standards and was made in good faith and through a genuine process of bargaining. The court acknowledged the concerns raised by the respondent, but found that they did not undermine the overall fairness of the agreement. The court therefore approved the PGC Resources Enterprise Agreement 2013.

The Fair Work Commission approved the PGC Resources Enterprise Agreement 2013, effective from 1st March 2013. The agreement was to apply to employees of PGC Resources Pty Ltd who were members of the Australian Manufacturing Workers' Union. The approval was subject to the agreement being registered with the Australian Industrial Registry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established