DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd
(AG2018/5988)

PARMALAT TWU / NUW LIDCOMBE ENTERPRISE AGREEMENT 2018 – 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 14 NOVEMBER 2018

Application for approval of the Parmalat TWU / NUW Lidcombe Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat TWU / NUW Lidcombe 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.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers and the 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 declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 21 November 2018. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parmalat Australia Pty Ltd recently appeared before the Fair Work Commission in an application for approval of an enterprise agreement. The agreement, titled "Parmalat TWU / NUW Lidcombe Enterprise Agreement 2018 - 2021," was submitted by the employer and the unions representing the employees. The application sought the Commission's approval of the agreement, which would govern the terms and conditions of employment for the employees during the specified period. The dispute arose from the negotiation process and the content of the agreement, raising questions about whether it met the necessary legal standards for approval.

The central legal issues before the Commission involved whether the agreement had been made in accordance with the relevant legislative requirements and whether it contained unfair or unacceptable terms. Specifically, the Commission had to assess if the agreement was genuinely negotiated, if it met the "better off overall test," and if it contained any terms that were contrary to public policy or unfair to the employees. Additionally, the Commission needed to consider whether the unions had appropriately represented their members in the negotiation process.

In its decision, the Commission undertook a thorough review of the agreement, examining the negotiation process and the content of the agreement. The Commission found that the agreement had been genuinely negotiated and that the unions had adequately represented their members. The Commission also determined that the agreement met the better off overall test, meaning that the overall benefits to the employees outweighed any potential detriments. Furthermore, the Commission concluded that the agreement did not contain any terms that were contrary to public policy or unfair to the employees. Based on these findings, the Commission approved the agreement, acknowledging that it provided a fair and reasonable set of terms and conditions for the employees during the specified period.

The Fair Work Commission approved the "Parmalat TWU / NUW Lidcombe Enterprise Agreement 2018 - 2021." The decision confirmed that the agreement met the necessary legal standards for approval, including the genuine negotiation requirement, the better off overall test, and the absence of any unfair or unacceptable terms. This outcome provides certainty for both the employer and the employees, ensuring that the agreement will govern their relationship during the specified period.

Parmalat Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established