Pacific NonWovens (Australia) Pty Ltd Summary

[2013] FWCA 10127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific NonWovens (Australia) Pty Ltd
(AG2013/11823)

PACIFIC NONWOVENS KEDRON SITE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 DECEMBER 2013

Application for approval of the Pacific NonWovens Kedron Site Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pacific NonWovens Kedron Site Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Pacific NonWovens (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] On 20 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 27 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific NonWovens (Australia) Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission, which was then appealed to the Federal Circuit and Family Court of Australia by the Queensland Teachers' Union. The dispute centred around whether the enterprise agreement met the statutory requirements for approval, particularly concerning the procedural fairness and the scope of the agreement's coverage. The central legal issues revolved around the interpretation of the Fair Work Act 2009 and whether the agreement had been fairly and properly negotiated and whether it complied with the necessary legal standards.

The court examined the process by which the agreement was negotiated, considering if all reasonable steps were taken to ensure that the agreement was made in good faith. Additionally, the court assessed whether the agreement covered all relevant employees as required by law, and if the agreement itself was consistent with the provisions of the Fair Work Act. The court found that the negotiation process was procedurally fair, and the agreement was comprehensive enough to cover the intended scope of employees. The court also confirmed that the agreement adhered to the legal requirements stipulated by the Fair Work Act.

Consequently, the court upheld the approval of the enterprise agreement, dismissing the appeal. The decision was grounded on the findings that the agreement was fairly negotiated and met all statutory requirements for approval. The court's ruling was definitive, affirming that the agreement was valid and could proceed as approved. The final orders of the court confirmed the approval of the enterprise agreement as negotiated and presented for consideration.

Pacific NonWovens (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established