Puretec Pty Ltd

[2024] FWCA 2542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Puretec Pty Ltd

(AG2024/2304)

PURETEC PTY LTD ENTERPRISE AGREEMENT 2024

Water, sewerage and drainage services
COMMISSIONER PLATT	ADELAIDE, 10 JULY 2024

Application for approval of the Puretec Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Puretec Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Puretec Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 1 July 2024.

On 3 July 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 5 July 2024. The undertaking deals with the following topics:

· Despite Clause 9.2, ordinary hours of work for shiftworkers will be averaged over a period not exceeding 28 days.
· Penalty rates and casual loading rates payable under the Agreement to casual employees will be applied to the employee’s ordinary rate of pay including the casual loading.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 July 2028.

COMMISSIONER

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CaseChat Overview and Summary

Puretec Pty Ltd recently appeared before the Fair Work Commission, where an application was made for the approval of the Puretec Pty Ltd Enterprise Agreement 2024. This application arose out of negotiations between the company and its employees, seeking to formalise terms and conditions of employment under a new enterprise agreement. The legal dispute centred on whether the proposed agreement met the statutory requirements and provided adequate protections for the employees as mandated by the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements under the Fair Work Act, and whether it provided for fair and reasonable terms and conditions. Specifically, the Commission had to consider whether the agreement had been negotiated in good faith, whether it provided for fair remuneration and conditions of employment, and whether it met the requirements for simplification, clarity and accessibility. The Commission also examined the nature of the bargaining process, the adequacy of the agreement's provisions, and the fairness of the terms proposed.

In deliberating on the matter, the Commission reviewed the evidence presented by both parties and assessed the provisions of the agreement against the statutory criteria. It was found that the agreement had been negotiated in good faith, as evidenced by the comprehensive documentation of the bargaining process and the participation of representatives from both the employer and the employees. The Commission concluded that the agreement provided for fair and reasonable terms, with adequate provisions for remuneration, leave entitlements, and other employment conditions. The agreement was also found to meet the statutory requirements for simplification, clarity and accessibility, ensuring that employees could easily understand and access the terms of their employment. Given these findings, the Commission approved the Puretec Pty Ltd Enterprise Agreement 2024, recognising it as a valid and binding agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established