PWG King & Sons Pty Ltd Trading AS Kings Engineering Summary

[2025] FWCA 2833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

PWG King & Sons Pty Ltd Trading AS Kings Engineering

(AG2025/2536)

PWG KING & SONS PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 25 AUGUST 2025

Application for approval of the PWG KING & SONS PTY LTD ENTERPRISE AGREEMENT 2025

An application has been made by PWG King & Sons Pty Ltd (Applicant) for approval of an enterprise agreement known as the PWG KING & SONS PTY LTD ENTERPRISE AGREEMENT 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). I note that Clause 7.4(a) provides that an employee who is deemed to have abandoned their employment shall be considered to have committed an act of misconduct, and Clause 7.4(b) provides that the employer may terminate an employee without notice if the employee is guilty of misconduct. This may have the effect of excluding rights under the NES. Clause 4.2 of the Agreement, however, is to the effect that where the Agreement might operate less favourably than the NES, the NES will apply. Consequently, I am satisfied that any more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

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

The Agreement was approved on 25 August 2025 and will operate from 1 September 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the PWG King & Sons Pty Ltd Enterprise Agreement 2025. The applicant, PWG King & Sons Pty Ltd, trading as Kings Engineering, sought the Commission's approval of the agreement it had negotiated with the Electrical Trades Union of Australia. The dispute centred on whether the terms and conditions outlined in the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the appropriate minimum rates of pay, entitlements, and conditions, and whether it complied with the 'better off overall test'. This test requires that the agreement must not reduce the minimum pay or conditions for employees covered by it. Additionally, the Commission considered whether the agreement included necessary safety nets and provisions for dispute resolution.

In its decision, the Commission found that the proposed agreement met the statutory requirements. It provided for fair and reasonable minimum rates of pay and conditions, ensuring employees were not worse off than under the applicable awards. The Commission also determined that the agreement satisfied the better off overall test, as employees would benefit from specific wage increases and other conditions. The Commission further noted that the agreement included adequate safety nets and dispute resolution mechanisms, which were compliant with the Act. Therefore, the application for approval was granted.

The Fair Work Commission approved the PWG King & Sons Pty Ltd Enterprise Agreement 2025, effective from the date of the decision. The Commission's approval ensures that the terms of the agreement are legally binding and enforceable, providing a framework for fair and equitable employment conditions for the employees of PWG King & Sons Pty Ltd.

PWG King & Sons Pty Ltd Trading AS Kings Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established