PGSL Pty Ltd

[2013] FWCA 4605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGSL Pty Ltd
(AG2013/1534)

PGSL PTY LTD ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER DEEGAN	HOBART, 10 JULY 2013

Application for approval of the PGSL Pty Ltd Enterprise Agreement 2013.

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

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which clarifies the intended operation of a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2013. The nominal expiry date of the Agreement is 17 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved PGSL Pty Ltd, with the applicant seeking approval of the Enterprise Agreement 2013. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal criteria for approval, particularly in relation to the requirements under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the agreement with the legislative framework, specifically addressing the rights and obligations of the employees and the employer.

The primary legal issue before the FWC was whether the Enterprise Agreement 2013 complied with the statutory obligations under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it provided for the proper classification of employees, and whether it contained appropriate terms and conditions of employment. Additionally, the FWC needed to consider whether the agreement would result in a direct or indirect detriment to the employees or their families.

The FWC determined that the Enterprise Agreement 2013 was fair and compliant with the relevant legislative requirements. The Commission found that the agreement had been made in good faith and provided for appropriate classification and terms and conditions of employment. The FWC noted that the agreement addressed the interests of both the employer and the employees, and did not result in any direct or indirect detriment to the employees or their families. Consequently, the FWC approved the Enterprise Agreement 2013.

As a result of the FWC's decision, the Enterprise Agreement 2013 was approved and came into effect. The agreement now legally binds the parties and provides a framework for the employment relationship between PGSL Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established