Pilbara Environmental Services Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pilbara Environmental Services Pty Ltd was involved in a legal matter concerning the approval of a new enterprise agreement. The company sought approval from the Fair Work Commission for its Enterprise Agreement 2024. This agreement was proposed to replace the existing one and included changes to various terms and conditions of employment. The Commission was tasked with assessing whether the agreement met the requirements set out in the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the proposed agreement provided for fair and reasonable terms of employment, whether it complied with the good faith bargaining requirement, and whether it adequately protected the rights of employees. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and the broader community.

The Commission examined the negotiation process and the terms of the agreement. It found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission concluded that the agreement met all the necessary requirements under the Fair Work Act. Consequently, the application for approval of the Pilbara Environmental Services Enterprise Agreement 2024 was approved. The Commission determined that the agreement was beneficial for both the employees and the company, thereby facilitating a fair and efficient workplace.

Pilbara Environmental Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established