Kari Proline Settlement & Chronis Proline Settlement T/A Premier Proline Pty Ltd

[2018] FWCA 5532

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Kari Proline Settlement & Chronis Proline Settlement T/A Premier Proline Pty Ltd

(AG2018/1982)

Premier Proline Pty Ltd Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Premier Proline Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Premier Proline Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kari Proline Settlement & Chronis Proline Settlement T/A Premier Proline Pty Ltd. The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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 s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 September 2018 and, in accordance with s.54, will operate from 11 September 2018. The nominal expiry date of the Agreement is 1 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Kari Proline Settlement & Chronis Proline Settlement T/A Premier Proline Pty Ltd, the primary parties involved were the applicants, who sought approval of the Premier Proline Pty Ltd Enterprise Agreement 2018. The dispute arose from the need to ensure that the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The legal issues at the heart of this case revolved around whether the Premier Proline Pty Ltd Enterprise Agreement 2018 met the criteria for approval under the Fair Work Act 2009. Specifically, the applicants needed to demonstrate that the agreement had been made in good faith, covered a range of employees and employers, and addressed the minimum terms and conditions that must be included in any enterprise agreement. The Commission was also tasked with considering whether the agreement was likely to lead to improved productivity and economic performance.

The Fair Work Commission carefully reviewed the provisions of the agreement, taking into account the principles of good faith bargaining and the need to ensure fairness and efficiency in the workplace. The Commission determined that the agreement met the necessary criteria for approval. It found that the agreement was made in good faith, covered a suitable range of employees and employers, and contained all the required minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement would likely contribute to improved productivity and economic performance within the enterprise.

Consequently, the Fair Work Commission approved the Premier Proline Pty Ltd Enterprise Agreement 2018, as it fulfilled the statutory requirements and demonstrated a commitment to good faith bargaining and fair workplace practices. The approval of this agreement signifies a legally binding framework that will govern the employment terms and conditions for the employees covered by the agreement, ensuring that both the employers and employees can operate within a regulated and fair environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established