DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PJL Group Pty Ltd
(AG2015/2347)

PJL GROUP PTY LTD ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 APRIL 2015

Application for approval of the PJL Group Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the PJL Group Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by PJL Group Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 7 May 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, PJL Group Pty Ltd, sought approval of an enterprise agreement with its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute centred around the specifics of the proposed agreement, including its duration, the classifications of employees, and various terms and conditions of employment such as wages, hours, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements and if it was fair and reasonable for the purposes of the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the proposed agreement was a "small business enterprise agreement" as defined by the Act, whether it contained the mandated minimum terms and conditions, and whether it had been genuinely negotiated between the parties. Additionally, the Commission had to consider if the agreement would result in employees being worse off overall and if any provisions were contrary to public policy. The applicant argued that the agreement was negotiated in good faith and contained fair and reasonable terms, while the union contended that certain provisions were not in the best interest of the employees.

The Commission found that the agreement was a genuine small business enterprise agreement and had been negotiated in good faith. It concluded that the agreement did not result in employees being worse off overall and that it contained fair and reasonable terms and conditions. The Commission approved the agreement, noting that it met the statutory requirements and was in the best interests of the employees. The decision emphasised the importance of genuine negotiation and fair outcomes in enterprise agreements.

The final orders included the approval of the PJL Group Pty Ltd Enterprise Agreement 2014 - 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees for the specified period. The decision also included provisions for the review and potential amendments of the agreement in accordance with the Fair Work Act 2009.

PJL Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established