Pilbara Environmental Services Pty Ltd
[2025] FWCA 383
•3 FEBRUARY 2025
| [2025] FWCA 383 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pilbara Environmental Services Pty Ltd
(AG2024/5275)
PILBARA ENVIRONMENTAL SERVICES ENTERPRISE AGREEMENT 2024
| Mining industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 3 FEBRUARY 2025 |
Application for approval of the Pilbara Environmental Services Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Pilbara Environmental Services Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Environmental Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 July 2024 and the Agreement was made on 20 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
During the assessment process an error was identified with respect to the drafting of clause 2.1.2. Having confirmed with the Applicant that it was a genuine error I have used the powers conferred by s.586 of the Act to correct the error and the corrected version appears in the Agreement as approved.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2025. The nominal expiry date of the Agreement is 2 February 2029.
DEPUTY PRESIDENT
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