DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PWB Anchor Limited
(AG2015/2013)

PWB ANCHOR LIMITED AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 12 MARCH 2015

Application for approval of the PWB Anchor Limited Agreement 2014 - 2017.

[1] An application has been made for approval of a single-enterprise agreement known as the PWB Anchor Limited Agreement 2014 - 2017 (the Agreement, pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PWB Anchor Limited (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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers each organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2015. The nominal expiry date of the Agreement is 31 March 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of PWB Anchor Limited, the Fair Work Commission (FWC) was tasked with approving a registered agreement titled "PWB Anchor Limited Agreement 2014 - 2017." The applicant, PWB Anchor Limited, sought approval for this agreement which governs the employment conditions of its employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, ensuring it provided for minimum entitlements and was not contrary to public policy.

The key legal issues before the FWC involved the compliance of the agreement with statutory minimum standards and the absence of any provisions that could be deemed contrary to public policy. The FWC had to assess whether the agreement adequately covered all mandated minimum entitlements and whether any of its provisions were in conflict with overarching public policy objectives.

The FWC found that the PWB Anchor Limited Agreement 2014 - 2017 met all statutory requirements and did not contain any provisions contrary to public policy. The agreement provided for all minimum entitlements as required by the Fair Work Act 2009, including provisions for hours of work, rates of pay, leave entitlements, and other relevant employment conditions. The FWC was satisfied that the agreement was fair and reasonable, and thus approved it. This approval ensures that the agreement will provide a stable and lawful framework for the employment relationship between PWB Anchor Limited and its employees over the specified period.

In summary, the FWC approved the PWB Anchor Limited Agreement 2014 - 2017, confirming its compliance with all statutory requirements and its alignment with public policy. This decision ensures that the agreement will serve as a lawful and fair basis for employment terms between the company and its employees for the duration specified.

PWB Anchor Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established