DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Marine Batteries Pty Ltd t/a PMB Defence - Batteries
(AG2016/2343)

PACIFIC MARINE BATTERIES COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2016

Application for approval of the Pacific Marine Batteries Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Marine Batteries Collective Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific Marine Batteries Pty Ltd t/a PMB Defence - Batteries sought approval of the Pacific Marine Batteries Collective Agreement 2016 from the Fair Work Commission. The applicant, PMB Defence, is an employer within the defence industry, and the dispute involved the approval of a new collective agreement that had been negotiated between the employer and the relevant union. The application was heard by the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009.

The legal issues that the Commission had to address involved whether the collective agreement met the necessary requirements for approval under the Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it complied with the relevant provisions of the Act, and whether it was in the best interests of the employees. Additionally, the Commission needed to determine whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

In reaching its decision, the Commission found that the collective agreement was made in good faith and complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission noted that the agreement provided for a number of benefits to the employees, including wage increases, improved working conditions, and better access to training and development opportunities. The Commission was satisfied that the agreement was in the best interests of the employees and that it would promote harmonious, productive, and cooperative workplace relations.

The Commission approved the Pacific Marine Batteries Collective Agreement 2016, subject to certain modifications. The modifications related to the calculation of overtime rates and the provision of shift allowances. The Commission was satisfied that the modifications did not undermine the overall fairness and reasonableness of the agreement. The applicant was ordered to implement the approved agreement in accordance with the terms and conditions set out in the decision.

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