DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PSG Australia Pty Ltd T/A PSG Facility Services
(AG2015/201)

PSG AUSTRALIA PTY LTD AGREEMENT 2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 FEBRUARY 2015

Application for approval of the PSG Australia Pty Ltd Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the PSG Australia Pty Ltd Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PSG Australia Pty Ltd t/as PSG Facility Services (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2015. The nominal expiry date of the Agreement is 18 February 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of PSG Australia Pty Ltd T/A PSG Facility Services, the Fair Work Commission was asked to approve an enterprise agreement. The applicant, PSG Australia, sought the approval of the PSG Australia Pty Ltd Agreement 2015, which was intended to regulate the terms and conditions of employment for its employees. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Act, and if the agreement complied with the "better off overall test". The latter required that employees should not be disadvantaged by the agreement when compared to their previous conditions of employment or the relevant award. Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution mechanisms.

The Commission found that the agreement was made in compliance with the procedural requirements of the Act. It was determined that the employees had been adequately consulted and that the agreement had been negotiated in good faith. With respect to the better off overall test, the Commission concluded that the agreement provided employees with benefits that outweighed any disadvantages, thus meeting the statutory criteria. The agreement included provisions for dispute resolution, which were deemed to be adequate and fair. Therefore, the Commission approved the PSG Australia Pty Ltd Agreement 2015.

PSG Australia Pty Ltd T/A PSG Facility Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established