DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Logistics Pty Ltd T/A PTES
(AG2016/4173)

PTES SOLOMON WASTE MANAGEMENT ENTERPRISE AGREEMENT

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the PTES Solomon Waste Management Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the PTES Solomon Waste Management Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Logistics Pty Ltd T/A PTES. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 26 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Pilbara Logistics Pty Ltd, trading as PTES, applied for the approval of a new enterprise agreement with the Solomon Waste Management Enterprise. The Fair Work Commission heard the application, considering whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute centred on several provisions within the agreement, including the terms of employment, conditions, and the process for resolving disputes.

The primary legal issues the Commission needed to decide were whether the agreement was genuinely negotiated, contained only allowable provisions, and would be beneficial to the employees. The Commission examined the negotiation process to ensure it was conducted in good faith and whether the agreement fairly represented the interests of both parties. Additionally, the Commission assessed whether the terms of the agreement adhered to the legislative requirements and whether it provided adequate protections for employees.

The Fair Work Commission concluded that the agreement was genuinely negotiated and contained only allowable provisions. The Commission found that the negotiation process was conducted in good faith and the agreement fairly represented the interests of both parties. The Commission also determined that the agreement provided adequate protections for employees and met the statutory requirements for approval. Consequently, the Commission approved the Solomon Waste Management Enterprise Agreement.

The Fair Work Commission approved the Solomon Waste Management Enterprise Agreement, effective from the date of the decision. The approval ensures that the terms of the agreement will govern the employment relationship between Pilbara Logistics Pty Ltd and the employees covered by the agreement. The decision provides clarity and legal certainty for both parties and establishes the terms under which the employees will be employed.

Pilbara Logistics Pty Ltd T/A PTES

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established