DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd t/a Parmalat Australia
(AG2015/5667)

PARMALAT AUSTRALIA PTY LTD – BRISBANE OPERATIONS ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Parmalat Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia Pty Ltd - Brisbane Operations Enterprise 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); The Australian Workers’ Union; and 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 declarations provided by the organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Parmalat Australia Pty Ltd t/a Parmalat Australia, the Fair Work Commission was tasked with approving the enterprise agreement proposed between the employer and its employees. The dispute centred around the terms and conditions set forth in the Parmalat Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2015. The legal issues before the Commission included the fairness and validity of the proposed agreement, ensuring it complied with the relevant statutory requirements, and whether it met the standards for a fair and equitable workplace arrangement.

The Commission examined various aspects of the agreement, such as the classification of employees, wage rates, and other employment conditions. A critical focus was on whether the agreement provided for adequate protections and benefits for the employees, considering the nature of the industry and the roles within the organisation. The Commission also assessed the process by which the agreement was negotiated and whether the employees had been appropriately consulted and informed.

After careful consideration of the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable in all its terms. The Commission determined that the agreement met the statutory requirements and provided for a fair and equitable workplace arrangement. Consequently, the Commission approved the Parmalat Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2015, enabling it to come into effect as a legally binding contract between the employer and its employees.

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