PM Switchboards Pty Ltd T/A PSG Manufacturing Summary

[2013] FWCA 6603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PM Switchboards Pty Ltd T/A PSG Manufacturing
(AG2013/2509)

PM SWITCHBOARDS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the PM Switchboards Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PM Switchboards Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by PM Switchboards Pty Ltd T/A PSG Manufacturing. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 31 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by PM Switchboards Pty Ltd for the approval of the PM Switchboards Enterprise Agreement 2013. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was heard and determined by the Commission, whose role was to ensure that the agreement was fair and compliant with the relevant legislation.

The primary legal issue the Commission had to address was whether the agreement contained terms and conditions that complied with the provisions of the Fair Work Act. This involved assessing whether the agreement met the "better-off-overall test", which required the Commission to be satisfied that the employees would be better off overall under the agreement than they would be under the applicable award or safety net. Additionally, the Commission needed to determine if the agreement had been made genuinely and in good faith, and whether it adhered to the procedural requirements set out in the legislation.

In reaching its decision, the Commission considered the evidence presented and the arguments made by both parties. It found that the agreement did indeed meet the better-off-overall test and was made in good faith. Furthermore, the Commission was satisfied that all procedural requirements had been met. Consequently, the Commission approved the agreement, confirming that it was fair and compliant with the Fair Work Act.

The Fair Work Commission approved the PM Switchboards Enterprise Agreement 2013, finding it met the legal requirements under the Fair Work Act. The Commission determined that the agreement satisfied the better-off-overall test, was made in good faith, and adhered to all procedural requirements.

PM Switchboards Pty Ltd T/A PSG Manufacturing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established