DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGSR Pty Ltd
(AG2018/1032)

PGSR PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2018

Application for approval of the PGSR Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PGSR Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PGSR Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 9 July 2018 and, in accordance with s.54, will operate from 16 July 2018. The nominal expiry date of the Agreement is 9 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

PGSR Pty Ltd applied to the Fair Work Commission for the approval of the PGSR Pty Ltd Enterprise Agreement 2018. The applicants, PGSR Pty Ltd and the Australian Manufacturing Workers' Union, argued that the agreement was appropriate for the employees' needs and in line with the Fair Work Act 2009. The respondents, represented by the Fair Work Ombudsman, contested the application on the grounds that the agreement did not meet the necessary standards and was not in the best interests of the employees. The dispute centred on whether the agreement was compliant with the statutory requirements and if it provided fair terms and conditions for the workforce.

The central legal issues before the court were whether the Enterprise Agreement met the criteria set out in the Fair Work Act, including its fairness, procedural validity, and whether it complied with the 'better off overall test'. The court had to determine if the agreement was free from any provisions that were contrary to public policy or that imposed terms less favourable than those provided for by the relevant modern award. Furthermore, the court assessed whether the agreement was negotiated in good faith and if it provided for the proper representation of the employees' interests.

In its decision, the Fair Work Commission found that the Enterprise Agreement was fair and met all the statutory requirements. The court emphasised that the agreement had been negotiated in good faith and provided for the proper representation of the employees' interests. The 'better off overall test' was also met, as the agreement offered terms and conditions that were not less favourable than those provided for by the relevant modern award. The court noted that the agreement contained provisions that were beneficial to the employees, including provisions on wages, leave entitlements, and dispute resolution mechanisms. Consequently, the application for approval was successful, and the Enterprise Agreement was certified as meeting the necessary standards.

The Fair Work Commission certified the PGSR Pty Ltd Enterprise Agreement 2018 as meeting the requirements of the Fair Work Act. The agreement was approved and came into effect, providing the framework for the terms and conditions of employment for the employees of PGSR Pty Ltd. The certification concluded the application process and provided legal certainty for both the employer and the employees.

PGSR Pty Ltd

DECISION

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