PIHA Pty Ltd Summary | CaseChat AU

[2022] FWCA 842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PIHA Pty Ltd

(AG2022/388)

PIHA Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 MARCH 2022

Application for approval of the PIHA Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the PIHA Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 March 2022. The nominal expiry date of the Agreement is 9 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PIHA Pty Ltd sought approval of the PIHA Enterprise Agreement 2022. The applicant argued that the agreement was fair and appropriate for the employees covered by it. The parties involved in the dispute were PIHA Pty Ltd, the employer, and a union representing the employees. The Fair Work Commission was the tribunal hearing the case.

The legal issues that the tribunal had to decide were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was fair and appropriate for the employees covered by it. The tribunal had to consider the provisions of the agreement and whether they were consistent with the relevant provisions of the Act and the Fair Work Regulations 2009.

The tribunal found that the agreement was consistent with the requirements of the Act and the regulations. It also found that the agreement was fair and appropriate for the employees covered by it. The tribunal took into account the bargaining power of the parties, the nature of the industry, and the interests of the employees. The tribunal was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including reasonable hours of work, reasonable rates of pay, and appropriate leave entitlements. The tribunal also found that the agreement provided for appropriate mechanisms for resolving disputes between the parties.

The tribunal approved the PIHA Enterprise Agreement 2022. The agreement will now be registered with the Fair Work Commission and will be binding on the parties for the period specified in the agreement. The employees covered by the agreement will now be entitled to the terms and conditions of employment set out in the agreement.

PIHA Pty Ltd

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