DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Ltd
(AG2014/10399)

PARMALAT AUSTRALIA LTD - BENDIGO - NUW/TWU/AMWU/ETU ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 MARCH 2015

Application for approval of the Parmalat Australia Ltd - Bendigo - NUW/TWU/AMWU/ETU Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia Ltd - Bendigo - NUW/TWU/AMWU/ETU Enterprise Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Parmalat Australia Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Parmalat Australia Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers, the Transport Workers’ Union of Australia, 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 representatives 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) of the Act I note that the Agreement covers those organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2015. The nominal expiry date of the Agreement is 30 September 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

Parmalat Australia Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the National Union of Workers, Transport Workers Union, Australian Manufacturing Workers Union and the Electrical Trades Union. The dispute was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it contained a valid and proper process for resolving disputes. The Commission considered the provisions of the Fair Work Act and the arguments of the parties. It found that the agreement did not adequately address the resolution of disputes and did not meet the requirements of the Act. Consequently, the Commission did not approve the agreement. As the agreement was not approved, no further orders were required.

Parmalat Australia Ltd

DECISION

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