Parmalat Australia Pty Ltd

[2018] FWCA 7743

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Parmalat Australia Pty Ltd

(AG2018/4923)

Parmalat Australia Ltd - Clarence Gardens - United Voice & CEPU Enterprise Agreement 2018-2021

Manufacturing and associated industries
Commissioner Cirkovic	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Parmalat Australia Ltd - Clarence Gardens - United Voice & CEPU Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Parmalat Australia Ltd - Clarence Gardens - United Voice & CEPU 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 Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and United Voice 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) I note that the Agreement covers the organisations.

The Agreement was approved on 20 December 2018 and, in accordance with s.54, will operate from 27 December 2018. The nominal expiry date of the Agreement is 30 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Parmalat Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Parmalat Australia Ltd - Clarence Gardens - United Voice & CEPU Enterprise Agreement 2018-2021. The application was brought by the employer, Parmalat Australia Pty Ltd, while United Voice and the CEPU represented the employees. The dispute centred on whether the proposed enterprise agreement met the necessary standards and conditions set forth by the Fair Work Act 2009.

The legal issues before the commission included whether the agreement provided minimum wages and conditions as required by law, whether it allowed for genuine bargaining, and whether it included appropriate dispute resolution mechanisms. Additionally, the commission had to consider whether the agreement was in the best interests of the employees and did not unfairly disadvantage any party.

The Fair Work Commission found that the agreement satisfied the legal requirements. It provided for minimum wages and conditions, ensured genuine bargaining, and included suitable dispute resolution processes. The commission determined that the agreement was in the best interests of the employees and did not unfairly disadvantage any party. Consequently, the commission approved the enterprise agreement.

In light of the commission's decision, the application for approval of the Parmalat Australia Ltd - Clarence Gardens - United Voice & CEPU Enterprise Agreement 2018-2021 was successful. The agreement is now authorised and binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established