Pacific NonWovens (Australia) Pty Ltd as trustee for Pacific NonWovens (Australia)

[2013] FWCA 7823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific NonWovens (Australia) Pty Ltd as trustee for Pacific NonWovens (Australia)
(AG2013/2934)

PACIFIC NONWOVENS MELBOURNE SITE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 OCTOBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Pacific NonWovens Melbourne Site Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Pacific NonWovens (Australia) Pty Ltd as trustee for Pacific NonWovens (Australia). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 11 October 2013. The nominal expiry date of the Agreement is 10 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In this case, Pacific NonWovens (Australia) Pty Ltd, acting as trustee for Pacific NonWovens (Australia), applied to the Fair Work Commission for approval of the Pacific NonWovens Melbourne Site Enterprise Agreement 2013. The application involved a dispute between the employer and the employees, who were represented by the National Tertiary Education Union. The nature of the dispute centred on the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for registration, including whether it was made in good faith, provided for a genuine enterprise, and satisfied the minimum entitlements as prescribed by the Act. The court also had to consider the views of the employee representatives and whether the agreement adequately addressed any concerns they raised.

The Fair Work Commission found that the agreement was consistent with the legislative requirements. The court noted that the agreement was made in good faith and represented a genuine enterprise agreement, as it was negotiated between the employer and the recognised employee representatives. The agreement was also found to comply with the minimum entitlements set out in the Fair Work Act, and the concerns raised by the employee representatives had been adequately addressed. Consequently, the court approved the application and registered the agreement as a certified agreement under the Act.

The final orders of the court were that the Pacific NonWovens Melbourne Site Enterprise Agreement 2013 be approved and registered as a certified agreement, effective from the date of the decision. This ruling ensures that the terms and conditions of employment for the employees are legally binding and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established