DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPK Mining Equipment Pty Ltd
(AG2018/1628)

PPK MINING EQUIPMENT PTY LTD NSW ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2018

Application for approval of the PPK Mining Equipment Pty Ltd NSW Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the PPK Mining Equipment Pty Ltd NSW Enterprise Agreement 2017 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PPK Mining Equipment Pty Ltd, an employer, sought approval of its NSW Enterprise Agreement 2017 from the Fair Work Commission. The applicant, PPK Mining Equipment, sought to establish terms and conditions of employment for its employees under this agreement. The dispute was heard and determined by the Fair Work Commission. The primary legal issue before the Commission was whether the terms and conditions of employment set out in the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" as required by section 233 of the Act. This test requires that employees be no worse off financially and have at least the same conditions as those provided for in the relevant award or safety net award, with some exceptions.

The Commission examined various aspects of the proposed agreement, including wages, penalty rates, leave provisions, and other employment conditions. It found that the proposed agreement provided for employees to be better off overall financially and in terms of conditions compared to their previous enterprise agreement. The Commission noted that the proposed agreement included improved wage rates, additional leave entitlements, and better overall conditions for employees. The Commission concluded that the agreement met the statutory requirements and approved the application for the agreement. The Fair Work Commission's decision provides guidance on the application of the "better off overall test" and the factors it considers in determining whether an enterprise agreement complies with the Fair Work Act 2009.

PPK Mining Equipment 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