Parmalat Australia Ltd

[2013] FWCA 966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Ltd
(AG2013/241)

PARMALAT AUSTRALIA (DARWIN OPERATIONS) AND THE TRANSPORT WORKERS UNION SA/NT ENTERPRISE AGREEMENT 2013

Northern Territory
DEPUTY PRESIDENT BARTEL	ADELAIDE, 11 FEBRUARY 2013

Application for approval of the Parmalat Australia (Darwin Operations) and the Transport Workers Union SA/NT Enterprise Agreement 2013.

[1] An application for approval of an enterprise agreement known as the Parmalat Australia (Darwin Operations) and the Transport Workers Union SA/NT Enterprise Agreement 2013 (the Agreement) has been made by Parmalat Australia Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements in ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, SA/NT Branch (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the TWU.

[4] The agreement is approved. In accordance with s.54(1) of the Act it will operate from 18 February 2013. In accordance with clause 5 of the Agreement, the nominal expiry date is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Parmalat Australia Ltd, sought approval of the Parmalat Australia (Darwin Operations) and the Transport Workers Union SA/NT Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose from negotiations between the parties over the terms and conditions of employment for workers at the applicant's Darwin operations. The union contested certain aspects of the proposed agreement, arguing that it did not adequately protect the rights and interests of the employees.

The legal issues before the Commission were whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and whether it complied with the good faith bargaining obligations imposed by the Act. The union's primary contention was that the agreement failed to provide adequate protections for employee entitlements, particularly in relation to penalty rates and shift loadings. The Commission had to consider whether the proposed agreement was in the interests of the employees and whether it was made in good faith.

In its decision, the Commission found that the agreement met the formal requirements for approval and that the applicant had engaged in good faith bargaining with the union. The Commission noted that the agreement provided for a fair and reasonable outcome for the employees, including appropriate protections for penalty rates and shift loadings. The Commission was satisfied that the agreement was made in the interests of the employees and did not contain any provisions that would be contrary to public policy. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Parmalat Australia (Darwin Operations) and the Transport Workers Union SA/NT Enterprise Agreement 2013. The Commission found that the agreement met the formal requirements for approval and was made in good faith. The Commission was satisfied that the agreement provided a fair and reasonable outcome for the employees and did not contain any provisions that would be contrary to public policy. The agreement was approved, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established