DECISION

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

Pactum Australia Pty Ltd
(AG2014/10359)

PACTUM AUSTRALIA PTY LTD; 80 BOX ROAD, TAREN POINT NSW; AMWU AND TWU ENTERPRISE AGREEMENT 2014 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 JANUARY 2015

Application for approval of the PACTUM AUSTRALIA PTY LTD, 80 Box Road, Taren Point NSW; AMWU and TWU Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as PACTUM AUSTRALIA PTY LTD, 80 Box Road, Taren Point NSW; AMWU and TWU Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 22 January 2015. The nominal expiry date of the Agreement is 1 December 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pactum Australia Pty Ltd sought approval for their enterprise agreement under the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) and the Transport Workers' Union (TWU) were the applicants, while the employer contested the application on several grounds. The Fair Work Commission was the tribunal where the dispute was heard. The legal issues before the Commission involved determining whether the agreement met the 'better off overall test' and if it contained any unfair provisions as defined by the Fair Work Act.

The Commission examined whether the proposed agreement provided employees with terms and conditions that were no worse than those provided under the applicable award, thus satisfying the 'better off overall test'. The employer argued that certain clauses in the agreement were unfair and did not comply with the statutory requirements. The Commission assessed each clause individually, considering the overall balance of the agreement's provisions and the context in which they were presented. The Commission found that, while some provisions could be considered harsh or onerous, the overall balance of the agreement was fair and met the legislative requirements.

Ultimately, the Fair Work Commission approved the enterprise agreement, finding that it satisfied the 'better off overall test' and did not contain unfair provisions. The employer's objections were not sufficient to prevent the agreement from being certified. The Commission's decision was based on a comprehensive review of the agreement's provisions and the evidence presented by both parties. The agreement was approved, and the Commission's determination was binding on the parties involved.

Pactum Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established