PSM (Vic) Pty Ltd

[2014] FWCA 2478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PSM (Vic) Pty Ltd
(AG2014/3957)

PSM (VIC) PTY LTD CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 APRIL 2014

Application for approval of the PSM (Vic) Pty Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2014.

[1] An application has been made for approval of an enterprise agreement known as the PSM (Vic) Pty Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by PSM (Vic) Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to the replacement of clause 39 with the model consultation clause of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 18 April 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

PSM (Vic) Pty Ltd, an employer, made an application for the approval of a certified agreement for employees at Yallourn Power Station and Opencut Mine Victoria. The application was made to the Fair Work Commission, which is the body responsible for approving certified agreements. The dispute centred on the terms and conditions set out in the proposed agreement and whether they were consistent with the provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed certified agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for the fair and reasonable terms and conditions of employment and whether it complied with the relevant provisions of the Act. The Commission also needed to consider the views of the employees and whether their interests were adequately protected by the agreement.

In making its decision, the Commission examined the proposed agreement in detail and considered the submissions made by both the employer and the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it complied with the provisions of the Act. The Commission also considered the views of the employees and was satisfied that their interests were adequately protected by the agreement. The Commission approved the proposed certified agreement, which will now be binding on the employer and the employees.

The Fair Work Commission approved the proposed certified agreement for Yallourn Power Station and Opencut Mine Victoria. The agreement will now be binding on the employer and the employees and will provide for the terms and conditions of their employment. The Commission's decision provides clarity and certainty for both parties and ensures that the agreement is fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established