PPW Services Pty Ltd

[2024] FWCA 2713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PPW Services Pty Ltd

(AG2024/2361)

PPW AMWU COLLECTIVE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 JULY 2024

Application for approval of the PPW AMWU Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the PPW AMWU Collective Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

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

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 July 2024. The nominal expiry date of the Agreement is 22 July 2028.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

PPW Services Pty Ltd applied to the Fair Work Commission for approval of the PPW AMWU Collective Agreement 2024. The Australian Manufacturing Workers' Union (AMWU) and the Australian Chamber of Commerce and Industry (ACCI) intervened in the proceedings. The dispute centred around the terms of the proposed agreement, particularly those relating to the classification and remuneration of employees, and the implications these terms had for the business operations of PPW Services Pty Ltd.

The Commission was required to determine whether the proposed agreement was in the interests of the employees and the business, and whether it complied with the requirements of the Fair Work Act 2009. Key issues included the fairness of the classification structure, the appropriateness of the remuneration rates, and whether the agreement would have an adverse effect on the business operations of PPW Services Pty Ltd.

After considering the submissions from all parties, the Commission found that the proposed agreement was fair and reasonable. The classification structure was deemed to be appropriate, and the remuneration rates were considered to be in line with industry standards. The Commission also found that the agreement would not have an adverse effect on the business operations of PPW Services Pty Ltd. Accordingly, the Commission approved the PPW AMWU Collective Agreement 2024. The final orders included the approval of the agreement, with certain conditions attached to ensure ongoing compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established