DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PWG King and Sons (Rutherford)
(AG2015/2420)

PWG KING & SONS PTY LTD (RUTHERFORD) ENTERPRISE AGREEMENT 2015-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 APRIL 2015

Application for approval of the PWG King & Sons Pty Ltd (Rutherford) Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the PWG King & Sons Pty Ltd (Rutherford) Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by PWG Kings and Sons (Rutherford). The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PWG King and Sons (Rutherford) was a case in which the Fair Work Commission was asked to approve an enterprise agreement between the employer, PWG King and Sons, and their employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues the court had to decide included whether the agreement provided for proper minimum rates of pay and conditions, and whether it complied with the good faith bargaining requirements. The court also needed to consider whether the agreement was procedurally fair, given that it was negotiated by the union and the employer. Furthermore, the court examined whether the agreement contained any clauses that were contrary to public policy or were otherwise unenforceable.

The court found that the agreement met all the statutory requirements for approval. The terms provided for minimum rates of pay and conditions that were consistent with the relevant industry awards and did not undercut existing employment standards. The court was satisfied that the bargaining process had been conducted in good faith and that the agreement was fair and reasonable. There were no clauses in the agreement that were contrary to public policy or unenforceable. Consequently, the court approved the enterprise agreement.

The Fair Work Commission approved the PWG King & Sons (Rutherford) Enterprise Agreement 2015-2016, confirming its compliance with the relevant legal standards. This decision provided certainty to both the employer and employees regarding the terms of their employment for the specified period.

PWG King and Sons (Rutherford)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established