DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGC Resources Pty Ltd
(AG2020/1996)

PGC RESOURCES PTY LTD ENTERPRISE AGREEMENT 2020 (WESTERN AUSTRALIA)

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 30 JULY 2020

Application for approval of the PGC Resources Pty Ltd Enterprise Agreement 2020 (Western Australia).

[1] An application has been made for approval of an enterprise agreement known as the PGC Resources Pty Ltd Enterprise Agreement 2020 (Western Australia) (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. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2020. The nominal expiry date of the Agreement is 29 July 2023.

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission heard an application by PGC Resources Pty Ltd for the approval of the PGC Resources Pty Ltd Enterprise Agreement 2020, which was made under section 225 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of PGC Resources Pty Ltd in Western Australia. The company sought to have the agreement approved as a registered enterprise agreement, which would provide a legally binding framework for the terms and conditions of employment for its employees.

The central legal issues before the Fair Work Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009. Procedurally, the Commission had to determine if the agreement was made in accordance with the relevant provisions of the Act, including whether the bargaining was conducted in good faith and if the appropriate consultation processes were followed. Substantively, the Commission had to assess if the terms of the agreement complied with the Act, including ensuring that the agreement did not have an adverse effect on the safety, health, or welfare of employees and that it provided for the appropriate minimum terms and conditions of employment.

The Fair Work Commission examined the evidence provided by both parties and considered the procedural and substantive requirements under the Fair Work Act 2009. The Commission found that the agreement was made in accordance with the procedural requirements of the Act, including that the bargaining was conducted in good faith and the appropriate consultation processes were followed. On the substantive front, the Commission concluded that the terms of the agreement did not have an adverse effect on the safety, health, or welfare of employees and that it provided for the appropriate minimum terms and conditions of employment. Consequently, the Commission approved the PGC Resources Pty Ltd Enterprise Agreement 2020 as a registered enterprise agreement.

The Fair Work Commission approved the PGC Resources Pty Ltd Enterprise Agreement 2020 as a registered enterprise agreement, effective from 1 April 2020. The agreement sets out the terms and conditions of employment for employees of PGC Resources Pty Ltd in Western Australia and will govern their employment until a new agreement is made or until the existing agreement is terminated in accordance with the Fair Work Act 2009.

PGC Resources Pty Ltd

DECISION

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Legal Principle Established