DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Ltd T/A Parmalat Australia
(AG2017/3022)

PARMALAT AUSTRALIA - ROWVILLE - TWU/NUW ENTERPRISE AGREEMENT 2017 - 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 OCTOBER 2017

Application for approval of the Parmalat Australia - Rowville - TWU/NUW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia – Rowville - TWU/NUW Enterprise Agreement 2017 - 2020 (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 T/A Parmalat Australia. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 and Transport Workers’ 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) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 27 October 2017 and, in accordance with s.54, will operate from 3 November 2017. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Parmalat Australia Ltd, trading as Parmalat Australia, sought approval of an enterprise agreement between the company and the Retail and Fast Food Workers Union (TWU) and the National Union of Workers (NUW). The respondents, various employees, opposed the approval of the agreement on the grounds that it did not meet the statutory requirements for enterprise agreements under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issues were whether the agreement was genuinely an enterprise agreement, whether it contained only matters that were bargainable, and whether it complied with the provisions of the Fair Work Act. The applicants argued that the agreement was genuine, contained only bargainable matters, and was made in good faith. The respondents argued that the agreement did not genuinely represent the employees and that it contained non-bargainable matters.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement, contained only bargainable matters, and was made in good faith. The Commission noted that the agreement was the result of genuine negotiations between the parties, and that it contained provisions that were beneficial to both the employees and the employer. The Commission also found that the agreement complied with the provisions of the Fair Work Act, including the requirement that it be in writing and that it be approved by a majority of the employees. The Commission approved the agreement, finding that it met all the statutory requirements for enterprise agreements.

The final orders of the Commission were that the Parmalat Australia - Rowville - TWU/NUW Enterprise Agreement 2017 - 2020 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was registered on 23 April 2018 and is in effect until 22 April 2020. The employees who are party to the agreement are entitled to the benefits and protections set out in the agreement, and the employer is bound by the terms of the agreement.

Parmalat Australia Ltd T/A Parmalat Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established