DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Parabellum International Pty Ltd
(AG2021/5634)

PARABELLUM INTERNATIONAL WHT ENTERPRISE AGREEMENT 2021-2025

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 JUNE 2021

Application for approval of the Parabellum International WHT Enterprise Agreement2021-2025.

[1] Parabellum International Pty Ltd has made an application for the approval of an enterprise agreement known as the Parabellum International WHT Enterprise Agreement2021-2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[7] The model dispute resolution term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[8] The Agreement was approved on 30 June 2021 and, in accordance with s 54, will operate from 7 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Parabellum International Pty Ltd, applied for the approval of the Parabellum International WHT Enterprise Agreement 2021-2025. The dispute was heard in the Fair Work Commission, with the respondent, the Australian Council of Trade Unions, objecting to the application on various grounds. The legal issues at hand centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically regarding its fairness and compliance with the Act's provisions.

The Commission examined the proposed agreement in light of the statutory criteria, including its alignment with the Fair Work (Registered Organisations) Act 2009. It was critical to determine whether the agreement provided a fair and reasonable basis for the employees' terms and conditions, and whether it adhered to the procedural and substantive fairness standards outlined in the Act. The Commission also considered the adequacy of the consultation process between the employer and the employees.

The Commission found that the proposed agreement satisfied the requirements of the Act, as it provided for fair and reasonable terms and conditions for the employees. The agreement was deemed to be procedurally and substantively fair, and the consultation process was found to be adequate. Consequently, the Commission approved the Parabellum International WHT Enterprise Agreement 2021-2025, rejecting the objections raised by the respondent. The decision was grounded in the comprehensive review of the agreement and its compliance with the Fair Work Act.

Parabellum International Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established