DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd
(AG2016/2520)

PARMALAT AUSTRALIA CLARENCE GARDENS - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 30 MARCH 2016

Application for approval of the Parmalat Australia Clarence Gardens - National Union of Workers Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia Clarence Gardens – National Union of Workers 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 30 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parmalat Australia Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement with the National Union of Workers. The dispute centred on whether the agreement complied with the relevant legislative requirements, particularly in relation to the provisions concerning employee entitlements and working conditions. The Commission was tasked with assessing the fairness and compliance of the agreement.

The key legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any coercive conduct. Additionally, the Commission needed to ensure that the agreement complied with the provisions concerning employee entitlements, such as minimum wages, penalty rates, and other conditions of employment.

In considering these issues, the Commission examined the negotiation process, the content of the agreement, and the impact on employees. The Commission found that the agreement was fair and reasonable, and was not the product of any coercive conduct. The provisions concerning employee entitlements were also found to comply with the relevant legislative requirements. Consequently, the Commission approved the agreement, finding that it met all necessary criteria for approval.

The final orders of the Commission included the approval of the Parmalat Australia Clarence Gardens - National Union of Workers Enterprise Agreement 2015 - 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement for 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