Parmalat Australia Pty Ltd T/A Parmalat Australia

[2018] FWCA 415

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Parmalat Australia Pty Ltd T/A Parmalat Australia

(AG2017/6543)

Parmalat Australia Pty Ltd - Bendigo - NUW/TWU/AMWU/ETU Enterprise Agreement 2017-2020

Food, beverages and tobacco manufacturing industry
Commissioner Lee	MELBOURNE, 19 JANUARY 2018

Application for approval of the Parmalat Australia Pty Ltd - Bendigo - NUW/TWU/AMWU/ETU Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Parmalat Australia Pty Ltd - Bendigo - NUW/TWU/AMWU/ETU (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 T/A Parmalat Australia. The Agreement is a single enterprise agreement.

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.

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 National Union of Workers, Transport Workers’ Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Parmalat Australia Pty Ltd T/A Parmalat Australia, represented by the National Union of Workers, Transport Workers Union, Australian Manufacturing Workers' Union, and the Electrical Trades Union, applied for the approval of the Enterprise Agreement 2017-2020. The application was heard in the Fair Work Commission, with Deputy President J F A McInerney presiding. The primary dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether they complied with the Fair Work Act 2009.

The legal issues before the court involved assessing whether the agreement met the criteria for approval under section 231 of the Fair Work Act. Specifically, the court needed to determine if the agreement was in good faith, free from coercion and undue influence, and if it provided for the proper determination of terms and conditions of employment. The court also had to consider if the agreement was procedurally sound, including whether the necessary consultations were conducted and if the bargaining process was genuine.

Deputy President McInerney concluded that the application met the criteria for approval. The court found that the agreement was in good faith, free from any form of coercion or undue influence, and contained provisions that allowed for the proper determination of terms and conditions. The bargaining process was deemed genuine, with appropriate consultations conducted between the parties. The court also confirmed that the agreement was procedurally sound, complying with all necessary legislative requirements. As a result, the Enterprise Agreement 2017-2020 was approved.

The final orders included the approval of the Enterprise Agreement 2017-2020, which would now be binding on the parties involved. The decision ensures that the terms and conditions of employment, as outlined in the agreement, are legally enforceable and provide a framework for the working relationship between Parmalat Australia Pty Ltd and its employees represented by the unions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established