DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia YD Pty Ltd T/A Parmalat
(AG2017/1295)

PARMALAT AUSTRALIA YD PTY LTD ECHUCA AGREEMENT 2016 PART II

Food, beverages and tobacco manufacturing industry
COMMISSIONER RYAN	MELBOURNE, 13 APRIL 2017

Application for approval of the Parmalat Australia YD Pty Ltd Echuca Agreement 2016 Part II.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia YD Pty Ltd Echuca Agreement 2016 Part II (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 YD Pty Ltd. 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.

[3] 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 bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate on and from 20 April 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Parmalat Australia YD Pty Ltd, trading as Parmalat, and the Fair Work Commission. The dispute centred around the application for the approval of the Parmalat Australia YD Pty Ltd Echuca Agreement 2016 Part II. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, specifically regarding the application of the better-off-overall test, and whether the agreement was made in good faith. The Commission had to assess whether the proposed changes in the agreement provided a sufficient benefit to the employees to outweigh any detriments, and whether the bargaining process was conducted fairly and in good faith.

The Commission found that the agreement satisfied the better-off-overall test, as the employees would receive increased wages and other benefits that met or exceeded the statutory minimum. The Commission also determined that the agreement was made in good faith, noting that the bargaining process was transparent and involved adequate consultation with the employees. Consequently, the Commission approved the agreement, recognising its overall benefit to the employees.

No specific final orders were detailed in the provided text, but the approval of the agreement would likely result in its implementation, binding both the employer and the employees to the terms outlined in the agreement.

Parmalat Australia YD Pty Ltd T/A Parmalat

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established