PHE Pty Ltd T/A PHE

[2022] FWCA 3108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PHE Pty Ltd T/A PHE

(AG2022/3162)

PHE Pty Ltd - Visy Tumut Electrical and Instrumentation Single Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 7 SEPTEMBER 2022

Application for approval of the PHE Pty Ltd - Visy Tumut Electrical and Instrumentation Single Enterprise Agreement 2022.

PHE Pty Ltd T/A PHE (the Employer) has made an application for the approval of the PHE Pty Ltd - Visy Tumut Electrical and Instrumentation Single Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2022. The nominal expiry date of the Agreement is 7 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, PHE Pty Ltd, trading as PHE, applied to the Fair Work Commission for the approval of a single enterprise agreement with Visy Tumut Electrical and Instrumentation. The dispute centred on the terms of the proposed agreement, which was set to govern the employment conditions of certain employees within the company. The Fair Work Commission was the court tasked with reviewing and approving the agreement.

The legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements for single enterprise agreements under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it was genuinely negotiated between the employer and the employees’ representatives. Additionally, the Commission needed to consider whether the agreement adhered to the provisions concerning minimum entitlements and the role of the Fair Work Ombudsman.

In examining the application, the Commission considered submissions from both PHE and the employees' representatives, along with relevant statutory criteria. The Commission found that the agreement was fairly negotiated and met the statutory requirements. The terms of the agreement were deemed to provide fair and reasonable conditions for the employees, and it complied with the provisions concerning minimum entitlements. Therefore, the Commission approved the proposed single enterprise agreement. The decision was made in favour of the applicant, paving the way for the agreement to be implemented.

The final orders included the approval of the PHE Pty Ltd - Visy Tumut Electrical and Instrumentation Single Enterprise Agreement 2022, effective from the date of the decision. This meant that the terms of the agreement would now govern the employment conditions of the employees involved, subject to the conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established