DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PHE Pty Ltd
(AG2019/4508)

PHE PTY LIMITED - NATIONAL - SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 8 JANUARY 2020

Application for approval of the PHE Pty Limited - National - Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the PHE Pty Limited - National - Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by PHE Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 15 January 2020. The nominal expiry date of the Agreement is 22 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of PHE Pty Ltd involved the applicant, PHE Pty Ltd, seeking approval of the PHE Pty Limited - National - Single Enterprise Agreement 2019. This application was made under the Fair Work Act 2009, seeking the Fair Work Commission's (FWC) endorsement of the agreement to ensure it meets the legal standards for a single enterprise agreement. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement, including matters such as wages, hours of work, and other employment conditions.

The legal issues before the court were primarily whether the agreement complied with the legislative requirements of the Fair Work Act, particularly in relation to the provisions for employee representation, dispute resolution, and the overall fairness of the terms. Additionally, the court had to assess if the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the principles of procedural fairness.

In its reasoning, the FWC examined the content of the agreement, considering the submissions from both parties. The Commission found that the agreement met the statutory requirements and was fair and reasonable. The FWC noted that the agreement provided adequate mechanisms for employee representation and dispute resolution, and that the terms were not overly disadvantageous to the employees. The court concluded that the agreement was compliant with the Fair Work Act and approved the application for endorsement.

Consequently, the FWC made orders approving the PHE Pty Limited - National - Single Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered and would govern the employment terms for the relevant employees.

PHE Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established