DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia YD Pty Ltd
(AG2018/4810)

PARMALAT TAMAR VALLEY PRODUCTION AND WAREHOUSE AND AUSTRALIAN WORKERS UNION (AWU) AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Parmalat Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2018 (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] 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parmalat Australia YD Pty Ltd was the subject of an application to the Federal Court of Australia for the approval of the Parmalat Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2018. The dispute arose from the need for formal approval of the agreement between Parmalat and the union, which covered employment terms and conditions for workers at the Tamar Valley facility. The AWU sought approval of the agreement, which was a necessary step to ensure that the terms and conditions of employment were fair and reasonable for the workers.

The legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for approval under the act. Specifically, the court had to consider whether the agreement was a "small business agreement," whether it had been made in good faith, and whether it provided for the resolution of disputes. The court also needed to assess whether the agreement was in the best interests of the employees and whether it provided for adequate consultation and negotiation processes.

The Federal Court, in its decision, found that the agreement met the criteria for approval under the Fair Work Act. The court considered the content and provisions of the agreement, the process by which it was negotiated, and the evidence provided by both Parmalat and the AWU. The court determined that the agreement was a genuine small business agreement and had been made in good faith. Furthermore, the court was satisfied that the agreement provided for the resolution of disputes and was in the best interests of the employees, taking into account the specific circumstances of the Tamar Valley facility. The court approved the agreement, thereby ensuring that the terms and conditions of employment for the workers were fair and reasonable.

The court's final order was the approval of the Parmalat Tamar Valley Production and Warehouse and AWU Agreement 2018. This decision provided certainty and stability for both the employer and the employees, ensuring that the agreement would govern their employment relationship moving forward. The approval also demonstrated the court's commitment to upholding the principles of the Fair Work Act and protecting the rights of workers in Australia.

Parmalat Australia YD Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established