DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pandrol Australia Pty Limited
(AG2017/5456)

PANDROL CLIP PLANT WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 15 MARCH 2018

Application for approval of the Pandrol Clip Plant Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pandrol Clip Plant Workplace Agreement 2017 (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 (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 is approved and, in accordance with s.54 of the Act, will operate from 22 March 2018. The nominal expiry date of the Agreement is 28 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pandrol Australia Pty Limited recently sought approval for the Pandrol Clip Plant Workplace Agreement 2017 from the Fair Work Commission. The applicant, Pandrol Australia, is a company involved in manufacturing rail fastening systems. The dispute centred around the proposed agreement's terms and conditions, which were to govern the employment of workers at the Pandrol Clip Plant in Victoria. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it allowed for genuine consultation between the employer and employees, and whether it complied with the procedural fairness principles. Additionally, the Commission needed to consider if the agreement met the standards for good faith bargaining and whether it was a genuine attempt to reach an agreement. The Commission also had to assess whether the agreement would have a positive impact on the employees' working conditions and if it was fair and reasonable in the broader context of industrial relations.

The Fair Work Commission examined the submissions and evidence provided by both parties. It considered the terms of the proposed agreement, the process of consultation, and the overall fairness of the agreement. The Commission noted that the agreement was the result of genuine negotiations and consultations between the parties. It found that the terms and conditions were fair and reasonable, taking into account the specific needs of the workplace. The Commission was satisfied that the agreement provided for procedural fairness and that it was in the best interests of the employees. Consequently, the Commission approved the Pandrol Clip Plant Workplace Agreement 2017.

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