DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pandrol Australia Pty Limited T/A Pandrol Australia
(AG2016/857)

PANDROL AUSTRALIA PTY. LIMITED PLASTICS PLANT WORKPLACE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Pandrol Australia Pty. Limited Plastics Plant Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pandrol Australia Pty. Limited Plastics Plant Workplace Agreement 2015 (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 T/A Pandrol Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 15 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Pandrol Australia Pty Limited T/A Pandrol Australia, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union representing the employees. The dispute centred on the approval of the Pandrol Australia Plastics Plant Workplace Agreement 2015. The case was heard by the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal.

The central legal issue before the Commission was whether the Workplace Agreement in question was in accordance with the requirements set out in the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was a "simple" agreement, which allows for a streamlined approval process under section 231 of the Act. The FWC also needed to consider whether the agreement complied with the "better off overall test" under section 232 of the Act, which ensures that employees are not disadvantaged by the agreement compared to their previous terms and conditions.

The FWC carefully examined the contents of the Workplace Agreement and the evidence provided by both parties. The Commission found that the agreement was indeed a simple agreement, as it did not cover complex or sensitive issues. Furthermore, the FWC concluded that the agreement passed the better off overall test, as it offered employees improved terms and conditions overall. Consequently, the FWC approved the Pandrol Australia Plastics Plant Workplace Agreement 2015, finding it to be in compliance with the Fair Work Act 2009.

The Fair Work Commission's final order was to approve the Pandrol Australia Plastics Plant Workplace Agreement 2015, subject to the conditions outlined in the decision. The approval allowed the agreement to take effect and govern the employment conditions of the employees covered by the agreement.

Pandrol Australia Pty Limited T/A Pandrol Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established