PGSR Pty Ltd Summary | CaseChat AU

[2014] FWCA 202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGSR Pty Ltd
(AG2013/12780)

PGSR PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the PGSR Pty Ltd Enterprise Agreement 2013 (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] 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 Agreement is approved and, in accordance with s.54, will operate from 16 January 2014. The nominal expiry date of the Agreement is 1 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PGSR Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement 2013. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The parties involved were PGSR Pty Ltd and its employees, represented by a union.

The key legal issues the Commission had to determine were whether the agreement provided for minimum entitlements, whether it complied with procedural requirements, and whether it was in the best interests of the employees. The Commission examined the agreement's provisions, the negotiation process, and the implications for employee rights and protections.

In its decision, the Commission held that the agreement did provide for minimum entitlements and complied with procedural requirements. The Commission also found that the agreement was in the best interests of the employees, considering the balance of advantages and disadvantages. Consequently, the Commission approved the Enterprise Agreement 2013, subject to certain conditions. The approval allows the agreement to be registered and enforceable under the Fair Work Act 2009.

PGSR Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established