DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Ltd
(AG2018/5582)

PARMALAT ROWVILLE – AMWU/ETU ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 29 APRIL 2019

Application for approval of the Parmalat Rowville - AMWU/ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Rowville - AMWU/ETU Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parmalat Australia Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Parmalat Australia Ltd, sought approval from the Fair Work Commission for the Parmalat Rowville - AMWU/ETU Enterprise Agreement 2018-2021. The applicant was an employer involved in the manufacture of dairy products, while the AMWU and ETU were registered trade unions representing the applicant’s employees. The applicant sought to have the agreement approved as a single, integrated enterprise agreement, rather than a series of agreements covering individual sites or groups of employees.

The legal issue before the Commission was whether the agreement complied with the requirements of section 230 of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for a fair and efficient workplace, and whether it was consistent with the national system of industrial relations. The Commission also had to consider whether the agreement provided for the protection of employees' rights and interests, and whether it was in the best interests of the employees.

The Commission found that the agreement provided for a fair and efficient workplace, and was consistent with the national system of industrial relations. The agreement provided for a range of protections for employees, including provisions for leave, overtime, and redundancy. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including wage increases and improvements to working conditions. The Commission approved the agreement as a single, integrated enterprise agreement, rather than a series of agreements covering individual sites or groups of employees.

The final orders of the Commission were that the Parmalat Rowville - AMWU/ETU Enterprise Agreement 2018-2021 be approved as a single, integrated enterprise agreement, and that it be registered with the Fair Work Commission. The agreement was to commence on 1 July 2018 and expire on 30 June 2021. The applicant and the unions were required to take all necessary steps to give effect to the agreement, and to notify their employees of its terms and conditions.

Parmalat Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established