Premium Maintenance Personnel Pty Ltd

[2014] FWCA 8299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premium Maintenance Personnel Pty Ltd
(AG2014/8153)

PREMIUM MAINTENANCE PERSONNEL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Premium Maintenance Personnel Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Premium Maintenance Personnel Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Premium Maintenance Personnel Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 20 November 2014 and, in accordance with s.54, will operate from 27 November 2014. The nominal expiry date of the Agreement is 27 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Premium Maintenance Personnel Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The Australian Workers Union opposed the application on the basis that the agreement did not appropriately address the issue of pay equity between employees engaged under the agreement and those who were not. The dispute was heard by the Full Bench of the Fair Work Commission.

The central issue before the Full Bench was whether the agreement contained appropriate provisions for addressing pay equity between employees covered by the agreement and those who were not. The Full Bench considered whether the agreement adequately addressed the issue of pay equity and whether it was appropriate to approve the agreement in its current form.

The Full Bench found that the agreement did not contain appropriate provisions for addressing pay equity between employees covered by the agreement and those who were not. The Full Bench noted that the agreement did not include any specific provisions for addressing pay equity, and that the parties had not demonstrated that the agreement would result in appropriate outcomes for all affected employees. The Full Bench found that the agreement was not appropriate for approval in its current form.

The Full Bench refused to approve the agreement in its current form, and directed the parties to further negotiate the issue of pay equity. The Full Bench emphasised the importance of addressing pay equity in enterprise agreements and noted that it would be willing to consider approving the agreement if the parties were able to negotiate appropriate provisions for addressing pay equity. The Full Bench did not make any final orders in the matter, as the agreement was not approved and the matter was remitted to the parties for further negotiation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established