Prime Pumps Pty Ltd

[2013] FWCA 8958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Prime Pumps Pty Ltd
(AG2013/11028)

PRIME PUMPS PTY. LTD. NON-SALARIED EMPLOYEE COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2013

Application for approval of the Prime Pumps Pty. Ltd. Non-Salaried Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Prime Pumps Pty. Ltd. Non-Salaried Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Prime Pumps Pty. Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2013. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of the Prime Pumps Pty Ltd Non-Salaried Employee Collective Agreement 2013. The applicant, Prime Pumps Pty Ltd, sought approval of the agreement, which was negotiated between the company and its non-salaried employees. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC had to determine if the agreement provided for terms and conditions that were no less favourable than the applicable national workplace determination and whether the agreement was made in good faith and without coercion.

In reaching its decision, the FWC examined the agreement in detail, considering the terms and conditions it provided for non-salaried employees. The FWC found that the agreement contained provisions that were no less favourable than those in the applicable national workplace determination. Furthermore, the FWC was satisfied that the agreement had been made in good faith and without coercion. Consequently, the FWC approved the agreement, confirming that it met the necessary legal standards.

The FWC's decision concluded that the Prime Pumps Pty Ltd Non-Salaried Employee Collective Agreement 2013 was compliant with the Fair Work Act and thus approved the agreement. This approval ensures that the terms and conditions set out in the agreement are legally binding on both the company and its non-salaried employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established