DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGC Resources Pty Ltd T/A PGC Resources
(AG2017/6168)

PGC RESOURCES PTY LTD ENTERPRISE AGREEMENT 2017 (QLD)

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MAY 2018

Application for approval of the PGC Resources Pty Ltd Enterprise Agreement 2017 (QLD).

[1] An application has been made for approval of an enterprise agreement known as the PGC Resources Pty Ltd Enterprise Agreement 2017 (QLD) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PGC Resources Pty Ltd T/A PGC Resources. 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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 23 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PGC Resources Pty Ltd, trading as PGC Resources, brought an application before the Fair Work Commission for the approval of the PGC Resources Pty Ltd Enterprise Agreement 2017 (QLD). The dispute centred on the terms and conditions of employment for the workers covered by the agreement. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Act. The applicant needed to demonstrate that the agreement had been made in good faith, and that proper consultation had occurred with the employees. Additionally, the Commission had to consider whether the agreement provided for appropriate terms and conditions, including wages, hours of work, and other employment-related matters.

The Fair Work Commission found that the enterprise agreement had been made in good faith and that appropriate consultation had occurred. The Commission was satisfied that the agreement met the statutory requirements for approval, including the provision of appropriate terms and conditions for the employees. The applicant had provided evidence that the agreement had been negotiated with the relevant employee representatives and that it reflected the interests of both the employer and the employees. The Commission concluded that the agreement was fair and reasonable, and approved the enterprise agreement.

The Fair Work Commission approved the PGC Resources Pty Ltd Enterprise Agreement 2017 (QLD) under the Fair Work Act 2009. The decision confirms that the agreement is valid and binding on the parties, and sets out the terms and conditions of employment for the workers covered by the agreement. The approval of the enterprise agreement provides certainty and stability for both the employer and the employees, and ensures that their rights and obligations are properly regulated by the agreement.

PGC Resources Pty Ltd T/A PGC Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established