PPK Mining Equipment Pty Ltd

[2023] FWCA 1825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

PPK Mining Equipment Pty Ltd

(AG2023/1821)

PPK MINING EQUIPMENT PTY LTD NSW ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 21 JUNE 2023

Application for approval of the PPK Mining Equipment Pty Ltd NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the PPK Mining Equipment Pty Ltd NSW Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PPK Mining Equipment Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

I note that Clause 9 of the Agreement provides that the terms of the National Employment Standards (NES) in the Act apply to the exclusion of any agreement term where the NES term provides a more favourable outcome for employees.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by PPK Mining Equipment Pty Ltd to have their New South Wales Enterprise Agreement 2023 approved by the Fair Work Commission. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The matter was heard by the Commission, presided over by Commissioner McInerney, with submissions from both the applicant and objectors to the agreement.

The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions of employment, allowed for individual flexibility arrangements, and complied with the procedural requirements for enterprise agreements. The objectors argued that the agreement did not sufficiently protect the rights of employees, particularly concerning individual flexibility arrangements, and that it failed to meet the procedural requirements set out in the Fair Work Act. The applicant contended that the agreement was fair and balanced and that it complied with all legislative requirements.

The Commission found that the agreement did meet the minimum terms and conditions required by the Fair Work Act, including provisions for individual flexibility arrangements. The Commission also determined that the procedural requirements for the negotiation and execution of the agreement were properly followed. Given these findings, the Commission approved the enterprise agreement. The objectors' concerns about the individual flexibility arrangements were addressed by the Commission's clarification of the agreement's provisions, which were deemed to provide adequate protection for employees.

The Fair Work Commission approved the PPK Mining Equipment Pty Ltd NSW Enterprise Agreement 2023, dismissing the objections raised by the objectors. The Commission's decision was based on the finding that the agreement met all the statutory requirements for approval and provided for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established