DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Marine Batteries Pty Ltd T/A PMB Defence - Batteries
(AG2019/2262)

PACIFIC MARINE BATTERIES COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 AUGUST 2019

Application for approval of the Pacific Marine Batteries Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Marine Batteries Collective Agreement 2019 (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 T/A PMB Defence - Batteries. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 29 August 2019 and, in accordance with s.54, will operate from 5 September 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Pacific Marine Batteries Pty Ltd, trading as PMB Defence - Batteries, sought approval of the Pacific Marine Batteries Collective Agreement 2019. The application was brought under the Fair Work Act 2009, which governs the approval process for enterprise agreements in Australia. The application was opposed by the Maritime Union of Australia, the union representing the employees affected by the agreement.

The primary legal issue the Fair Work Commission had to address was whether the collective agreement met the statutory requirements for approval. The Commission had to ensure that the agreement was made in good faith, provided for a genuine enterprise bargaining agreement, and did not adversely affect the employees' rights and protections under the Fair Work Act. The Commission also had to consider whether the agreement was made in accordance with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement was made in good faith and was a genuine enterprise bargaining agreement. The Commission noted that the agreement contained provisions for wages, allowances, leave, and other employment conditions that were consistent with the Fair Work Act. The Commission also found that the agreement did not adversely affect the employees' rights and protections under the Fair Work Act. The Commission determined that the agreement was made in accordance with the provisions of the Fair Work (Registered Organisations) Act. The Commission approved the collective agreement, finding that it met the statutory requirements for approval.

The Fair Work Commission approved the Pacific Marine Batteries Collective Agreement 2019. The Commission found that the agreement was made in good faith and was a genuine enterprise bargaining agreement. The Commission also found that the agreement did not adversely affect the employees' rights and protections under the Fair Work Act. The Commission determined that the agreement was made in accordance with the provisions of the Fair Work (Registered Organisations) Act. The Commission approved the agreement, and it will now be binding on the parties for the duration of its term.

Pacific Marine Batteries Pty Ltd T/A PMB Defence - Batteries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established