DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pandrol Australia Pty Limited
(AG2019/4960)

PANDROL AUSTRALIA PTY. LIMITED PLASTICS PLANT WORKPLACE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 JANUARY 2020

Application for approval of the Pandrol Australia Pty. Limited Plastics Plant Workplace Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pandrol Australia Pty. Limited Plastics Plant Workplace Enterprise 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 Pandrol Australia Pty Limited. 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] 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.

[4] The Agreement was approved on 16 January 2020 and, in accordance with s.54, will operate from 23 January 2020. The nominal expiry date of the Agreement is 15 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pandrol Australia Pty Limited sought approval of a workplace enterprise agreement in the Fair Work Commission. The agreement was proposed to cover employees at the company's Plastics Plant. The matter involved the company's application for approval of the agreement under the Fair Work Act 2009. The Commission needed to determine if the agreement met the legal requirements for approval, including whether it was fairly negotiated and if it complied with the provisions of the Act.

The primary legal issues were whether the agreement was genuinely negotiated and if it contained the necessary provisions to be approved. The Commission examined whether the agreement met the requirements for "genuine bargaining" as per section 230 of the Act. This involved assessing whether the parties had engaged in good faith bargaining, and if the agreement was not the product of any form of coercion or undue influence. Additionally, the Commission considered whether the agreement contained the mandated "safety net" provisions that ensure minimum standards of pay and conditions.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained all the necessary safety net provisions. The Commission noted the evidence provided by both parties and the absence of any coercion or undue influence. The agreement was found to provide for fair and reasonable terms and conditions of employment, meeting all statutory requirements. The Commission approved the application, deeming the agreement to be in compliance with the Fair Work Act.

The Fair Work Commission approved the Pandrol Australia Pty Limited Plastics Plant Workplace Enterprise Agreement 2019, finding it to be fairly negotiated and compliant with the Fair Work Act. The agreement was accepted as it met all the necessary criteria for approval, including the inclusion of mandated safety net provisions.

Pandrol Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established