DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd
(AG2016/913)

PARMALAT TWU / NUW LIDCOMBE ENTERPRISE AGREEMENT 2015 – 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2016

Application for approval of the Parmalat TWU / NUW Lidcombe Enterprise Agreement 2015 – 2018.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat TWU / NUW Lidcombe Enterprise Agreement 2015 – 2018 (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 Transport Workers’ Union of Australia and 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 31 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parmalat Australia Pty Ltd recently applied to the Fair Work Commission for approval of an enterprise agreement with the Transport Workers Union (TWU) and the National Union of Workers (NUW) for employees at its Lidcombe facility. The application was made under the Fair Work Act 2009. The primary dispute concerned the procedural fairness of the union's representation of its members in the bargaining process and the substantive fairness of the proposed agreement's terms.

The central legal issues before the Commission involved whether the unions had adequately represented their members during the negotiations and whether the terms of the proposed agreement were fair and reasonable. The Commission had to assess whether the unions had conducted proper ballots and whether the employees had been adequately informed about the terms of the agreement. Furthermore, the Commission needed to consider whether the agreement met the 'better off overall test' and whether it complied with the provisions of the Fair Work Act.

The Commission found that the unions had adequately represented their members, with proper ballots conducted and employees sufficiently informed about the agreement's terms. The Commission concluded that the proposed agreement was fair and reasonable, meeting the 'better off overall test' and complying with the Fair Work Act. Consequently, the application for approval was successful. The Fair Work Commission approved the Parmalat TWU / NUW Lidcombe Enterprise Agreement 2015 – 2018, effective from the date of the decision.

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