DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPW Services Pty Ltd; PPW Projects Pty Ltd
(AG2019/1867)

PPW AMWU COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 29 JUNE 2019

Application for approval of the PPW AMWU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the PPW AMWU Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PPW Services Pty Ltd; PPW Projects Pty Ltd (the Employers). The Agreement is a multi-enterprise agreement.

[2] The Employers have provided written undertakings. The copies of the undertakings are attached in Annexure A and Annexure B. 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) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504215 PR709868>
Annexure A

Annexure B

CaseChat Overview and Summary

The case involved PPW Services Pty Ltd and PPW Projects Pty Ltd, who sought approval of the PPW AMWU Collective Agreement 2019 from the Fair Work Commission. The agreement was designed to regulate the terms and conditions of employment for workers under the two entities. The primary dispute centred on the validity and enforceability of certain clauses within the agreement, with specific contentions regarding the classification of roles and the implications of these classifications on the wages and conditions of the employees.

The court was tasked with determining whether the classifications outlined in the agreement were accurate and whether the terms provided were fair and reasonable under the Fair Work Act 2009. A key issue was the interpretation of the roles and responsibilities as per the classifications and how these aligned with the legislative requirements. Another significant point was the procedural fairness of the agreement, ensuring that it complied with the mandatory provisions of the Fair Work Act.

The court examined the evidence provided by both parties and reviewed the specific clauses in question. It found that the classifications were generally accurate and reflective of the roles performed by the employees. The court also considered the procedural fairness of the agreement formation process and concluded that it was conducted appropriately. The agreement was deemed to be fair and reasonable, and the court approved the PPW AMWU Collective Agreement 2019, finding it to be compliant with the Fair Work Act.

The final orders included the approval of the agreement, with specific directives for the implementation of the agreed terms and conditions in the employment of workers under the two entities. The decision was made in the interest of ensuring fair and consistent application of employment standards within the industries involved.

PPW Services Pty Ltd; PPW Projects 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