DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd T/A Parmalat Australia
(AG2016/5937)

PARMALAT AUSTRALIA PTY LTD (NAMBOUR OPERATIONS) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	SYDNEY, 27 OCTOBER 2016

Application for approval of the Parmalat Australia Pty Ltd (Nambour Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia Pty Ltd (Nambour Operations) 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 T/A Parmalat Australia. 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. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union, being a 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 these organisations.

[5] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parmalat Australia Pty Ltd, trading as Parmalat Australia, brought an application before the Fair Work Commission for approval of the Parmalat Australia Pty Ltd (Nambour Operations) Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009, and the Commission was required to decide whether the agreement contained the necessary good faith provisions and met the other criteria for approval. The dispute centred around specific terms and conditions of employment, including issues related to hours of work, penalty rates, and other conditions of employment.

The legal issues before the Commission were whether the agreement contained the necessary good faith provisions, whether it provided for a fair and reasonable resolution of disputes, and whether it met the criteria for approval under the Fair Work Act. In considering these issues, the Commission had to balance the interests of the employer and the employees, ensuring that the agreement was in good faith and did not undermine the protection of employees' rights. The Commission also needed to determine whether the agreement provided for a fair and reasonable resolution of disputes between the parties, and whether it met the other criteria for approval under the Act.

The Fair Work Commission found that the agreement contained the necessary good faith provisions and met the other criteria for approval. The Commission determined that the agreement provided for a fair and reasonable resolution of disputes and did not undermine the protection of employees' rights. The Commission also found that the agreement met the criteria for approval under the Act, including that it provided for the proper operation of the business, and did not have an adverse effect on the availability of employment or the terms and conditions of employment. The Commission approved the agreement, subject to certain conditions, including that the parties provide a copy of the agreement to the Fair Work Ombudsman.

The Fair Work Commission approved the Parmalat Australia Pty Ltd (Nambour Operations) Enterprise Agreement 2016, subject to certain conditions. The conditions included that the parties provide a copy of the agreement to the Fair Work Ombudsman, and that the agreement be implemented in good faith. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy of the agreement be provided to all employees covered by the agreement. The Commission's decision provides guidance on the requirements for an enterprise agreement to be approved and registered under the Fair Work Act.

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