DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Parmalat Australia Pty Ltd
(AG2015/4126)

PARMALAT ROWVILLE - AMWU/ETU ENTERPRISE AGREEMENT 2015-18

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 AUGUST 2015

Application for approval of the Parmalat Rowville - AMWU/ETU Enterprise Agreement 2015/18.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Rowville – AMWU/ETU Enterprise Agreement 2015-18 (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 Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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 declaration provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 5 August 2015 and, in accordance with s.54, will operate from 12 August 2015. 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

In the case of Parmalat Australia Pty Ltd, the matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement. The proposed agreement was between Parmalat Australia and the Australian Manufacturing Workers' Union (AMWU) and the Engineers Trade Union (ETU) for the period from 2015 to 2018. The primary issue at hand was whether the agreement met the legal standards for approval as set out by the Fair Work Act 2009.

The central legal issue revolved around the compliance of the proposed enterprise agreement with the statutory requirements of the Fair Work Act. The court had to examine whether the agreement contained all the necessary provisions, was free from prohibited content, and whether it was made in good faith and without coercion. Additionally, the court needed to ensure that the agreement appropriately balanced the interests of the employees and the employer, and that it did not unfairly disadvantage any party.

The Fair Work Commission, after a thorough review of the agreement, found that it complied with all the legislative requirements. The agreement was deemed to be made in good faith, free from prohibited content, and balanced the interests of both the employees and the employer. The Commission was satisfied that the agreement met the statutory criteria for approval, and there was no evidence of coercion or any other unfair practices. Consequently, the Commission approved the Parmalat Rowville - AMWU/ETU Enterprise Agreement 2015/18. This decision was grounded in the principles of fairness and the statutory framework provided by the Fair Work Act.

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