Parmalat Australia Pty Ltd

[2014] FWCA 4873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd
(AG2014/1494)

PARMALAT AUSTRALIA - ROWVILLE - TWU/NUW ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 21 JULY 2014

Application for approval of the Parmalat Australia - Rowville - TWU/NUW Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia - Rowville - TWU/NUW 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 Pty 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 Pty 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 Transport Workers’ Union of Australia and the National Union of Workers, 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2014. The nominal expiry date of the Agreement is 30 April 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Parmalat Australia Pty Ltd, the employer, and the Transport Workers Union and the National Union of Workers, the employees' representatives. The dispute was about the approval of the Enterprise Agreement between the parties, specifically the 2014-2017 agreement. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if it provided for proper pay and conditions for employees. Additionally, the Commission considered whether the agreement complied with the provisions regarding the disclosure of information and whether the necessary procedural requirements had been followed.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the legal framework governing enterprise agreements. The Commission found that the agreement was genuinely negotiated and that it provided for fair and reasonable pay and conditions for the employees. The Commission also determined that the agreement complied with the disclosure requirements and that the necessary procedural steps had been followed. Consequently, the Commission approved the Enterprise Agreement.

The Commission's final order was the approval of the Parmalat Australia - Rowville - TWU/NUW Enterprise Agreement 2014-2017, effective from 1 January 2014 until 31 December 2017. This decision provided certainty and stability for both the employer and the employees, ensuring that the agreement would govern their industrial relations for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established