PRC Hire Pty Ltd

[2014] FWCA 3440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PRC Hire Pty Ltd
(AG2014/921)

PRC HIRE LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 MAY 2014

Application for approval of the PRC Hire Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PRC Hire Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PRC Hire Pty Ltd, the applicant, sought the Fair Work Commission's approval of the PRC Hire Pty Ltd Enterprise Agreement 2013. The application was contested by the Australian Manufacturing Workers Union, the respondent. The central dispute concerned the provisions of the proposed agreement, specifically whether certain terms met the requirements for an enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission involved whether the proposed agreement contained mandatory provisions and whether the agreement was in the best interests of the employees. The Commission had to assess if the agreement adhered to the legislative requirements and if it provided adequate protections for employees. Additionally, the Commission needed to determine whether the agreement facilitated a fair and efficient workplace.

The Fair Work Commission found that the proposed agreement contained terms that complied with the statutory requirements of an enterprise agreement. The Commission concluded that the agreement was in the best interests of the employees as it provided necessary protections while maintaining a fair balance between the interests of the employer and the employees. The Commission approved the agreement, emphasising that it would foster a productive and cooperative work environment.

No further orders were made by the Commission. The approval of the PRC Hire Pty Ltd Enterprise Agreement 2013 was granted, subject to the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established