DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ParexGroup Pty Ltd
(AG2015/2034)

PAREXGROUP PTY LTD - WETHERILL PARK MANUFACTURING FACILITY - ENTERPRISE AGREEMENT (NO.7)

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 MARCH 2015

Application for approval of the ParexGroup Pty Ltd - Wetherill Park Manufacturing Facility - Enterprise Agreement (No 7).

[1] An application has been made for approval of an enterprise agreement known as the ParexGroup Pty Ltd - Wetherill Park Manufacturing Facility - Enterprise Agreement (No 7) (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by ParexGroup Pty Ltd. 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 National Union of Workers, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. 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 27 March 2015. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of the ParexGroup Pty Ltd, the Fair Work Commission (FWC) was presented with an application for approval of a proposed enterprise agreement, specifically the ParexGroup Pty Ltd - Wetherill Park Manufacturing Facility - Enterprise Agreement (No 7). The application was made by the applicant, ParexGroup Pty Ltd, a company involved in the manufacturing sector, with the aim of establishing a new enterprise agreement for its employees at the Wetherill Park facility. The nature of the dispute involved the terms and conditions of employment, which were subject to negotiation between the employer and the employees' representatives.

The legal issues before the FWC were primarily centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. In particular, the FWC had to determine if the agreement met the good faith bargaining requirements, whether it contained provisions that were contrary to public policy or contravened the Fair Work Act, and if it provided for appropriate protections for employees, such as minimum wages and entitlements. Additionally, the FWC had to consider if the agreement had been genuinely agreed upon by the majority of the employees, as evidenced by the outcomes of a protected industrial action ballot.

The FWC examined the application and the supporting evidence provided by the applicant. It considered the submissions from both the applicant and the relevant employee representatives, as well as the results of the protected action ballot. After careful consideration of all the evidence, the FWC concluded that the proposed enterprise agreement was in compliance with the relevant provisions of the Fair Work Act. The FWC found that the agreement had been genuinely agreed upon by the majority of the employees, and that it contained provisions that were not contrary to public policy or the Fair Work Act. As a result, the FWC approved the ParexGroup Pty Ltd - Wetherill Park Manufacturing Facility - Enterprise Agreement (No 7), which will now govern the terms and conditions of employment for the employees at the Wetherill Park facility.

ParexGroup 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