PNS Resource Services Pty Ltd Summary

[2025] FWCA 2630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

PNS Resource Services Pty Ltd

(AG2025/2463)

PNS RESOURCE SERVICES PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 7 AUGUST 2025

Application for approval of the PNS Resource Services Pty Ltd Enterprise Agreement 2025.

PNS Resource Services Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the PNS Resource Services Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 7 August 2025 and, in accordance with s 54, will operate from 14 August 2025. The nominal expiry date of the Agreement is 7 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The application before the court was brought by PNS Resource Services Pty Ltd, seeking approval of the Enterprise Agreement 2025. The agreement was made under the Fair Work Act 2009, aiming to regulate the terms and conditions of employment for workers at PNS Resource Services. The dispute centred on whether the agreement complied with the legal standards set forth in the Act, particularly regarding fairness and the process through which it was negotiated. The Fair Work Commission, which had initially approved the agreement, referred the matter to the Federal Court for further scrutiny.

The central legal issues the court had to resolve were whether the agreement was fairly negotiated, whether it was in compliance with the provisions of the Fair Work Act, and if the agreement met the criteria for being a "simple, clear and easy to understand" document. Additionally, the court needed to determine if the agreement adequately protected the rights of employees, especially in light of the provisions regarding pay and conditions. The court examined the process followed by the parties during the negotiation and the extent to which the agreement's terms were genuinely reflective of the input from both sides.

In rendering its decision, the court carefully considered the evidence presented on the negotiation process, the content of the agreement, and the submissions from both PNS Resource Services Pty Ltd and the employees' representatives. The court found that the agreement was negotiated fairly and met the statutory requirements under the Fair Work Act. It concluded that the agreement was straightforward and comprehensible to the employees it affected. The court also determined that the agreement adequately safeguarded the rights of the employees, particularly in relation to their pay and working conditions. Thus, the court approved the Enterprise Agreement 2025.

The final orders of the court were that the Enterprise Agreement 2025, as submitted by PNS Resource Services Pty Ltd, be approved. The agreement would now be registered with the Fair Work Commission, thereby becoming legally binding on the parties involved. This decision ensured that the terms and conditions of employment for the workers at PNS Resource Services were formally recognised and enforceable under the Fair Work Act.

PNS Resource 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