Pandrol Australia Pty Limited Summary

[2023] FWCA 1283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pandrol Australia Pty Limited

(AG2023/1152)

PANDROL AUSTRALIA PTY. LIMITED PLASTICS PLANT WORKPLACE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 5 MAY 2023

Application for approval of the Pandrol Australia Pty. Limited Plastics Plant Workplace Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pandrol Australia Pty. Limited Plastics Plant Workplace Agreement 2022 (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.

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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2023. The nominal expiry date of the Agreement is 15 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pandrol Australia Pty Limited applied to the Fair Work Commission for the approval of the Pandrol Australia Pty Limited Plastics Plant Workplace Agreement 2022. The applicant sought to finalise a new enterprise agreement, with the Fair Work Commission exercising its power under section 192 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees in the Plastics Plant at Pandrol Australia Pty Limited, including issues such as wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission involved whether the proposed agreement complied with the procedural and substantive requirements under the Fair Work Act 2009. This included ensuring that the agreement was negotiated in good faith and that it did not disadvantage employees in terms of their wages and conditions. Additionally, the Commission considered whether the agreement met the criteria for approval under the Act, including whether it provided for the fair and efficient resolution of workplace issues.

In its decision, the Commission carefully examined the evidence and submissions from both parties. The Commission found that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The proposed agreement provided for adequate wages, reasonable working hours, and other employment conditions that were in line with industry standards. The Commission determined that the agreement met all the necessary requirements for approval and was in the best interests of the employees and the employer.

Consequently, the Fair Work Commission approved the Pandrol Australia Pty Limited Plastics Plant Workplace Agreement 2022. This decision was made under section 192 of the Fair Work Act 2009, ensuring that the agreement would be binding on all employees covered by it. The approval of the agreement allows for the establishment of a stable and fair working environment within the Plastics Plant at Pandrol Australia Pty Limited.

Pandrol Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established