DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parker Hannifin (Australia) Pty Limited
(AG2015/5892)

PARKER HANNIFIN (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 NOVEMBER 2015

Application for approval of the Parker Hannifin (Australia) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Parker Hannifin (Australia) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parker Hannifin (Australia) Pty Limited. 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] Subject to the undertakings referred to above, 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Parker Hannifin (Australia) Pty Limited, the applicant sought approval of the Enterprise Agreement 2015. The agreement was a subject of contention between the applicant company and the Australian Manufacturing Workers' Union, who represented the employees. The Fair Work Commission was the court that heard the application. The dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant federal labour laws.

The primary legal issues the court had to address included whether the agreement met the requirements for good faith bargaining and whether it complied with the substantive provisions of the Fair Work Act 2009. The court had to determine if the agreement was made in good faith and whether it contained all the prescribed minimum terms and conditions of employment as stipulated by the Act. Additionally, the court examined whether the agreement was made without any coercion or undue influence.

The court found that the agreement was made in good faith and contained all the necessary prescribed terms and conditions. It was satisfied that the parties had engaged in genuine bargaining without any coercion. The agreement was also deemed to be fair and reasonable, taking into account the overall benefits and detriments for the employees. Consequently, the court approved the enterprise agreement.

The final order of the court was to approve the Parker Hannifin (Australia) Pty Limited Enterprise Agreement 2015, recognising it as a valid and enforceable agreement between the applicant company and the Australian Manufacturing Workers' Union. The agreement was set to commence on a specified date and would govern the terms and conditions of employment for the employees covered by the agreement.

Parker Hannifin (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established