DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fisher & Paykel Australia Pty Ltd
(AG2015/3858)

FISHER & PAYKEL CUSTOMER SERVICE PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2015

Application for approval of the Fisher & Paykel Customer Service Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fisher & Paykel Customer Service Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Fisher & Paykel Australia Pty Ltd. 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 24 July 2015. The nominal expiry date of the Agreement is 24 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fisher & Paykel Australia Pty Ltd sought approval of the Fisher & Paykel Customer Service Pty Ltd Enterprise Agreement 2015, which was the subject of a dispute between the company and its employees represented by the Australian Manufacturing Workers' Union. The matter was heard in the Fair Work Commission, where the court had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement provided for the mandatory terms as required by the Fair Work Act, and whether it was free from any invalid provisions that would render it unenforceable. The court also needed to consider whether the agreement had been made in the proper manner, with genuine agreement from the parties involved.

The court found that the agreement contained all the mandatory terms prescribed by the Fair Work Act, and that it had been negotiated in good faith by the parties. The court was satisfied that the agreement was not contrary to public policy and that it provided for the employees' wages and conditions of employment. The court also determined that the agreement was free from any invalid provisions and had been made in compliance with the procedural requirements of the Fair Work Act. Therefore, the court approved the agreement, finding that it met all the necessary criteria for approval.

The Fair Work Commission approved the Fisher & Paykel Customer Service Pty Ltd Enterprise Agreement 2015, and it will now apply to the relevant employees from the effective date of the agreement. The approval of the agreement ensures that the employees will receive the benefits and protections provided for in the agreement, and that the employer will be bound by the terms and conditions set out in the agreement.

Fisher & Paykel Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established