PJL Group Pty Ltd Summary

[2022] FWCA 1817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PJL Group Pty Ltd

(AG2022/1260)

PJL Group Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 2 JUNE 2022

Application for approval of the PJL Group Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the PJL Group Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made by PJL Group Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertaking. I am satisfied that the effect of accepting the Undertaking is not likely to:

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

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertaking.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2022. The nominal expiry date of the Agreement is 2 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the PJL Group Pty Ltd Enterprise Agreement 2022. The Applicant, PJL Group Pty Ltd, sought approval for the agreement as per section 185 of the Fair Work Act 2009. This agreement is intended to be a single enterprise agreement, covering manufacturing and associated industries. Commissioner Matheson presided over the case in Sydney on 2 June 2022.

The central legal issues before the court revolved around whether the agreement met the requirements set forth by sections 186, 187, 188, and 190 of the Fair Work Act 2009, and whether the agreement's acceptance would result in any financial detriment to the employees or substantial changes to the agreement. The employer provided a written undertaking that was examined by the Commissioner, and the views of the bargaining representatives were sought regarding the undertaking. The Commission was required to determine whether the acceptance of the undertaking would meet the conditions outlined in the Act.

The Commissioner found that the agreement and the undertaking met the conditions of the Act, and that there would be no financial detriment to employees or substantial changes to the agreement as a result of accepting the undertaking. Therefore, the Commissioner accepted the undertaking pursuant to section 190(3) of the Act. The Commissioner was satisfied that all relevant requirements of the Act were met, and approved the agreement, which will operate from 9 June 2022, with a nominal expiry date of 2 June 2025.

The final orders of the Commission included the approval of the PJL Group Pty Ltd Enterprise Agreement 2022, subject to the acceptance of the written undertaking. The agreement will operate from 9 June 2022, and the nominal expiry date of the agreement is 2 June 2025. The decision of the Commissioner was made on 2 June 2022, and is printed by the authority of the Commonwealth Government Printer.

PJL Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established