Pandrol Australia Trading AS Pandrol Australia Pty Limited Summary

[2025] FWCA 788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pandrol Australia Trading AS Pandrol Australia Pty Limited

(AG2025/434)

PANDROL CLIP PLANT ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 3 MARCH 2025

Application for approval of the Pandrol Clip Plant Enterprise Agreement 2024

Pandrol Australia Pty Limited has applied for approval of an enterprise agreement known as the Pandrol Clip Plant Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The AMWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AMWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 10 March 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Pandrol Australia Trading AS Pandrol Australia Pty Limited, the employer, and the Transport Workers Union of Australia, the union, regarding the approval of the Pandrol Clip Plant Enterprise Agreement 2024. The dispute centred on whether the proposed agreement should be approved under the Fair Work Act 2009, considering the submissions from both parties. The Transport Workers Union argued that certain provisions of the agreement were unfair, while Pandrol Australia contended that the agreement was fair and balanced.

The legal issues the court needed to address included whether the agreement met the "better off overall test" (BOOT) and whether it contained provisions that were unfair. Additionally, the court had to consider the submissions made by both parties and any relevant precedents to determine the fairness of the agreement. The court examined whether the agreement provided for fair remuneration, conditions, and dispute resolution mechanisms that were in line with the principles of the Fair Work Act.

The Fair Work Commission found that the proposed agreement was fair and met the better off overall test. The court highlighted that the agreement provided for reasonable terms and conditions, including remuneration and benefits, which were competitive with industry standards. The court also noted that the dispute resolution mechanisms were adequate and that the provisions challenged by the union were fair. Consequently, the court approved the Pandrol Clip Plant Enterprise Agreement 2024. This decision underscored the importance of the BOOT in determining the fairness of enterprise agreements.

Pandrol Australia Trading AS 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