DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PSM (Vic) Pty Ltd
(AG2017/4377)

PSM (VIC) PTY LTD CERTIFIED AGREEMENT 2017 FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA

Manufacturing and Associated Industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 OCTOBER 2017

Application for approval of the PSM (Vic) Pty Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2017.

[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, 2017(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PSM (Vic) Pty Ltd. 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 was approved on 20 October 2017 and, in accordance with s.54, will operate from 27 October 2017. The nominal expiry date of the Agreement is 30 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PSM (Vic) Pty Ltd applied to the Fair Work Commission for approval of a certified agreement in relation to employees of Yallourn Power Station and Opencut Mine in Victoria. The application was contested by the United Mineworkers and Energy Workers Union of Australia and the Australian Manufacturing Workers Union. The parties were unable to resolve their dispute through conciliation and the matter was referred to the Commission for determination. The Fair Work Commission was required to consider whether the certified agreement was in the interests of the employees covered by the agreement. In determining this question, the Commission considered the nature of the agreement, the extent to which it provided for the fair and reasonable terms and conditions of employment, and whether the agreement provided for a proper balance between the interests of employers and employees.

The Commission found that the certified agreement was in the interests of the employees. The Commission noted that the agreement provided for a number of protections for employees, including the preservation of existing terms and conditions, a commitment to consultation on changes to work practices, and the establishment of a dispute resolution process. The Commission also noted that the agreement provided for a number of benefits for employees, including a commitment to workforce planning and a commitment to provide training opportunities. The Commission concluded that the agreement provided for a proper balance between the interests of employers and employees and was in the interests of the employees.

The Commission approved the PSM (Vic) Pty Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2017. The Commission noted that the agreement provided for a number of protections and benefits for employees and provided for a proper balance between the interests of employers and employees. The Commission further noted that the agreement was the result of extensive bargaining between the parties and that the parties had made a genuine effort to reach an agreement. The Commission was satisfied that the agreement was in the interests of the employees and approved the agreement.

PSM (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established