DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd
(AG2016/2232)

PARMALAT AUSTRALIA PTY LTD - (DARWIN OPERATIONS) AND THE TRANSPORT WORKERS UNION (SA/NT) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 25 FEBRUARY 2016

Application for approval of the Parmalat Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA / NT) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA / NT) Enterprise Agreement 2016 (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] The Applicant 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.

[3] 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.

[4] The Transport Workers’ Unions of Australia 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 was approved on 25 February 2016 and, in accordance with s.54, will operate from 3 March 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Parmalat Australia Pty Ltd, in its capacity as an employer, applied to the Fair Work Commission for approval of the Parmalat Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA / NT) Enterprise Agreement 2016. The application for approval was opposed by the Retail and Food Workers Union of Australia. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and not solely for the purpose of disapplying a provision of a law.

The court had to determine whether the agreement was a genuine enterprise agreement, whether it contained only matters that were bargainable under the Fair Work Act, and if it had been made in good faith. The court also considered whether the agreement provided for proper mechanisms for the resolution of employee grievances and whether it met the requirements of the Act in terms of its content and process. Furthermore, the court needed to assess whether the agreement was in the best interests of the employees and whether any procedural fairness was observed in its formation.

In examining the evidence and submissions, the court found that the agreement was indeed a genuine enterprise agreement. It was concluded that the agreement contained only bargainable matters and was made in good faith. The court was satisfied that the agreement provided adequate mechanisms for the resolution of employee grievances and that it was in the best interests of the employees. The court also found that the process leading to the agreement was fair and met all statutory requirements. Consequently, the court approved the agreement, dismissing the opposition.

The final orders of the court were that the application for approval of the enterprise agreement be granted, and the opposition by the Retail and Food Workers Union of Australia be dismissed.

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