DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PRM Operations Pty Ltd T/A PRM Operations
(AG2014/10003)

PRM ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2014

Application for approval of the PRM Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the PRM Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PRM Operations Pty Ltd T/A PRM Operations. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PRM Operations Pty Ltd, trading as PRM Operations, filed an application with the Fair Work Commission to approve the PRM Enterprise Agreement 2014. The applicant sought approval of the agreement which was intended to regulate the employment terms and conditions of its employees. The dispute centred around the procedural fairness and the overall compliance of the agreement with the Fair Work Act 2009.

The court was tasked with determining whether the agreement was fairly and properly negotiated and whether it met the criteria for approval under the Fair Work Act. Specifically, the court had to examine if the agreement was negotiated in good faith, if it contained the minimum terms and conditions required by law, and if it adhered to procedural fairness principles. The court also needed to ensure that the agreement did not discriminate against employees in a way that was contrary to the principles of the Act.

The Fair Work Commission found that the agreement was fairly negotiated and met all the necessary criteria for approval. The court was satisfied that the agreement was made in good faith, contained all the mandated minimum terms and conditions, and adhered to procedural fairness. It was also determined that the agreement did not contain any discriminatory provisions. The court concluded that the agreement was compliant with the Fair Work Act and granted the application for its approval.

The Fair Work Commission ordered the approval of the PRM Enterprise Agreement 2014, effective from the date specified in the agreement. The decision was made in light of the findings that the agreement was negotiated fairly, contained all required terms, and did not contravene the Fair Work Act. The approval was to be registered with the Fair Work Ombudsman, ensuring the agreement would be legally enforceable.

PRM Operations Pty Ltd T/A PRM Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established