DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parker Hannifin (Australia) Pty Ltd
(AG2017/6068)

PARKER HANNIFIN (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 FEBRUARY 2018

Application for approval of the Parker Hannifin (Australia) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Parker Hannifin (Australia) Pty Ltd Enterprise Agreement 2017 (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 Ltd. 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. 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.

[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 was approved on 6 February 2018 and, in accordance with s.54, will operate from 13 February 2018. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Parker Hannifin (Australia) Pty Ltd and its employees, who were members of the Transport Workers Union of Australia. The dispute centred on the application for approval of the Parker Hannifin (Australia) Pty Ltd Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act, particularly in terms of procedural fairness and compliance with the relevant provisions. The Transport Workers Union of Australia contested the application on several grounds, including that the agreement did not appropriately balance the interests of the employees and the employer and that the consultation process was inadequate. The employer, Parker Hannifin (Australia) Pty Ltd, argued that the agreement was fair and complied with all necessary legal requirements.

In determining the application, the Commission considered the nature of the bargaining process, the terms of the agreement, and the extent of consultation with the employees. The Commission found that the employer had engaged in good faith bargaining and that the agreement was fair and reasonable. The Commission also found that the consultation process was appropriate and that the employees had been given a fair opportunity to express their views. Consequently, the Commission approved the enterprise agreement, finding that it met the legal requirements under the Fair Work Act.

As a result of the decision, Parker Hannifin (Australia) Pty Ltd Enterprise Agreement 2017 was approved and is now legally binding on both the employer and the employees. The Transport Workers Union of Australia's objections were dismissed, and the agreement will govern the terms and conditions of employment for the relevant employees.

Parker Hannifin (Australia) 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