Pandrol Australia Pty Limited

[2014] FWCA 5048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pandrol Australia Pty Limited
(AG2014/1456)

PANDROL AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JULY 2014

Application for approval of the Pandrol Australia Pty Limited Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Pandrol Australia Pty Limited Enterprise Agreement 2014-2017 Agreement). The application was made pursuant to s185 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] 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] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 28 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pandrol Australia Pty Limited applied for the approval of an Enterprise Agreement 2014-2017. The application was heard by the Fair Work Commission. The primary dispute was whether the proposed Enterprise Agreement met the requirements of the Fair Work Act 2009 for approval. Specifically, the Fair Work Commission had to determine if the agreement provided for fair and reasonable terms and conditions for employees and if it had been genuinely negotiated.

The legal issues that the Fair Work Commission had to decide were whether the proposed terms and conditions were fair and reasonable, and if the agreement had been genuinely negotiated. The Commission had to consider whether the agreement provided for adequate protections for employees, including provisions for minimum rates of pay, leave entitlements, and other working conditions. Additionally, the Commission needed to be satisfied that the agreement was the product of genuine negotiations between the employer and the employees' representatives.

The Fair Work Commission found that the proposed Enterprise Agreement provided for fair and reasonable terms and conditions for employees, taking into account the nature of the work, the employer's ability to pay, and other relevant factors. The Commission was satisfied that the agreement had been genuinely negotiated, as it was the result of discussions between the employer and employees' representatives, and it reflected the interests of both parties. The Commission approved the Enterprise Agreement 2014-2017, as it met the requirements of the Fair Work Act 2009.

No further orders were made by the Fair Work Commission. The approved Enterprise Agreement 2014-2017 will now govern the terms and conditions of employment for the employees covered by the agreement during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established