DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ParexGroup Pty Ltd
(AG2017/377)

PAREXGROUP PTY LTD - WETHERILL PARK MANUFACTURING FACILITY- ENTERPRISE AGREEMENT (NO.8)

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MAY 2017

Application for approval of the ParexGroup Pty Ltd - Wetherill Park Manufacturing Facility- Enterprise Agreement (No.8).

[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.8) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ParexGroup Pty Ltd. 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 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, ParexGroup Pty Ltd, sought approval of their enterprise agreement with their employees at the Wetherill Park Manufacturing Facility. The respondents were the Australian Manufacturing Workers’ Union (AMWU) and the Retail and Fast Food Workers’ Union (RAFFWU). The dispute was heard in the Fair Work Commission. The applicants argued that the agreement should be approved as it met the criteria set out in the Fair Work Act 2009. The respondents argued that the agreement should not be approved as it did not meet the requirements of the Act.

The legal issues before the Commission were whether the agreement was a "good faith" agreement and whether it met the "better off overall test". The Commission found that the agreement was a good faith agreement as it was negotiated in good faith and contained provisions that were necessary to prevent or mitigate bullying, harassment and discrimination in the workplace. The Commission also found that the agreement met the better off overall test as it provided for a range of benefits for the employees, including wage increases, improved leave entitlements and better access to training and development opportunities.

The Commission approved the enterprise agreement, noting that it provided for a fair and reasonable outcome for both the applicants and the employees. The Commission also noted that the agreement contained provisions that were designed to promote a positive and productive workplace culture. The approval of the agreement was subject to certain conditions, including the requirement that the applicants provide the Commission with regular reports on the operation of the agreement.

The Commission's decision provides guidance to employers and unions on the requirements for approving enterprise agreements under the Fair Work Act. The decision highlights the importance of negotiating agreements in good faith and ensuring that they provide for a fair and reasonable outcome for all parties. The decision also emphasises the need for employers to take proactive steps to prevent and address workplace bullying, harassment and discrimination.

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