DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PWG King and Sons Pty Ltd T/A Kings Engineering
(AG2019/4257)

PWG KING & SONS PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 NOVEMBER 2019

Application for approval of the PWG KING & SONS PTY LTD ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the PWG KING & SONS PTY LTD ENTERPRISE AGREEMENT 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 December 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the PWG King and Sons Pty Ltd T/A Kings Engineering Enterprise Agreement 2019. The applicant, PWG King and Sons Pty Ltd, sought approval of the agreement under the Fair Work Act 2009, which requires that enterprise agreements be free from prohibited content and be sufficiently tested and certified. The respondents included the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees.

The legal issues before the Commission centred on whether the agreement complied with the legislative requirements, particularly whether it contained prohibited content, and whether it had been sufficiently tested and certified. The primary concern was whether the agreement’s provisions on casual employment, including the conversion of casual employees to permanent positions, complied with the Fair Work Act. The Commission also needed to assess if the process for testing and certifying the agreement met the necessary standards.

The Fair Work Commission found that the agreement was free from prohibited content and had been adequately tested and certified. The Commission noted that the provisions for the conversion of casual employees to permanent positions were in line with the legislative framework, as they provided for a mechanism that aligned with the requirements of the Fair Work Act. The Commission was satisfied with the process followed for testing the agreement, finding that the parties had made a genuine effort to reach an agreement and that the agreement reflected the interests of the employees adequately. Consequently, the Commission approved the PWG King and Sons Pty Ltd T/A Kings Engineering Enterprise Agreement 2019.

PWG King and Sons Pty Ltd T/A Kings Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established