PGX OPS Pty Ltd

[2023] FWCA 1676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PGX OPS Pty Ltd

(AG2023/1340)

PGX ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 9 JUNE 2023

Application for approval of the PGX Enterprise Agreement 2023

PGX OPS Pty Ltd has applied for approval of a single enterprise agreement known as the PGX Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 16 June 2023. The nominal expiry date of the Agreement is 9 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of PGX OPS Pty Ltd, the applicant, and the Fair Work Commission, the decision involved an application for the approval of the PGX Enterprise Agreement 2023. The applicant, a company operating in the transport and logistics sector, sought the commission’s endorsement of the proposed enterprise agreement which outlined terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it adhered to the principles of procedural fairness and substantive fairness.

The legal issues before the commission were whether the agreement was genuinely negotiated, free from coercion, and provided adequate protections and entitlements for employees. Additionally, the commission considered if the agreement complied with relevant award provisions and if it was in the best interests of the employees. The court had to examine the process by which the agreement was formed, including whether employees had sufficient opportunity to be involved in the negotiations, and whether the terms of the agreement were reasonable and fair.

Upon reviewing the evidence and submissions, the commission found that the PGX Enterprise Agreement 2023 was genuinely negotiated and met the statutory requirements. The agreement was deemed to be free from coercion, as there was no evidence of improper influence or pressure exerted on the employees during the negotiation process. Furthermore, the commission concluded that the terms of the agreement provided adequate protections and were in the best interests of the employees, considering the overall economic climate and the specific circumstances of the industry. The agreement was therefore approved by the commission, ensuring it would become a binding enterprise agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established