Pacific Marine Batteries Pty Ltd

[2013] FWCA 3303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pacific Marine Batteries Pty Ltd
(AG2013/6574)

PACIFIC MARINE BATTERIES COLLECTIVE AGREEMENT 2013/2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 28 MAY 2013

Application for approval of the Pacific Marine Batteries Collective Agreement 2013/2015.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Marine Batteries Collective Agreement 2013/2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Marine Batteries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2013. The nominal expiry date of the Agreement is 1 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the respondent, Pacific Marine Batteries Pty Ltd, applied for approval of the Pacific Marine Batteries Collective Agreement 2013/2015. The applicant, the Maritime Union of Australia, contested the application. The dispute centred on the validity and enforceability of certain clauses within the proposed agreement, particularly those related to pay rates and conditions for employees.

The central legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including sections concerning good faith bargaining and the prohibition of sham agreements. The Commission had to determine whether the agreement met the standards required for approval under the legislation. This included an assessment of whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions.

The Commission carefully examined the evidence presented regarding the bargaining process and the terms of the agreement. It found that the agreement was the product of genuine and effective bargaining. The Commission determined that the terms were fair and reasonable and did not contravene any legislative provisions. Consequently, the application for approval of the collective agreement was successful.

The Fair Work Commission approved the Pacific Marine Batteries Collective Agreement 2013/2015, finding it to be a genuine agreement that met the statutory requirements. The Commission's decision was based on the evidence of fair and effective bargaining and the reasonableness of the terms proposed. This ruling ensures that the agreement can be implemented and enforced, providing certainty to both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established