DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd T/A Parmalat Australia
(AG2016/6878)

PARMALAT LIDCOMBE MAINTENANCE AND SERVICE EMPLOYEES WORKPLACE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the Parmalat Lidcombe Maintenance and Service Employees Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Lidcombe Maintenance and Service Employees Workplace Agreement 2015 (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.

[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.

[4] The “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 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 23 November 2016. The nominal expiry date of the Agreement is 15 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Parmalat Australia Pty Ltd, trading as Parmalat Australia, applied to the Fair Work Commission for the approval of a workplace agreement. The agreement in question was the Parmalat Lidcombe Maintenance and Service Employees Workplace Agreement 2015. The matter was heard in the Fair Work Commission, an independent statutory body with jurisdiction to approve, register, and enforce workplace agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, particularly focusing on whether it contained all the prescribed terms, adhered to the requirements for fair and equitable terms, and was not contrary to public policy. The Commission needed to determine if the agreement was fair and balanced, and if it provided adequate protections for employees, particularly in relation to terms such as wages, hours of work, and other conditions of employment.

The Commission considered the contents of the agreement, the submissions made by both parties, and relevant legislative provisions. It found that the agreement contained all the prescribed terms and was not contrary to public policy. The Commission was satisfied that the agreement provided fair and equitable terms and conditions of employment, taking into account the nature of the industry, the bargaining positions of the parties, and the overall fairness of the agreement. The Commission approved the workplace agreement, finding it to be fair and balanced.

In approving the agreement, the Commission emphasised the importance of workplace agreements in promoting fair and efficient industrial relations outcomes. It highlighted the need for workplace agreements to provide adequate protections for employees while also recognising the legitimate interests of employers. The Commission’s decision underscores the importance of ensuring that workplace agreements are fair, equitable, and in compliance with relevant legislation.

Parmalat Australia Pty Ltd T/A Parmalat Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established