DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pathfinder Australia Pty Ltd T/A Pathfinder Australia
(AG2019/1233)

PATHFINDER AUSTRALIA ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 MAY 2019

Application for approval of the Pathfinder Australia Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Pathfinder Australia Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Pathfinder Australia Pty Ltd T/A Pathfinder Australia (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 National Union of Workers, 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 6 June 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Pathfinder Australia Pty Ltd, trading as Pathfinder Australia, sought approval for the Pathfinder Australia Enterprise Agreement 2019-2022. The company aimed to finalise the terms and conditions of employment for its employees, who are part of a defined group of employees. The dispute involved the negotiation of this enterprise agreement, which aimed to set out the terms and conditions of employment for a specified group of employees within the company.

The legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and not under any undue influence or coercion. The Commission had to assess if the agreement provided for the employees' terms and conditions of employment in a manner that complied with the relevant legislative framework. Additionally, the Commission needed to determine whether the agreement was appropriately made and whether it covered the correct bargaining unit.

The Fair Work Commission found that the enterprise agreement met the statutory requirements and was made in good faith. The Commission was satisfied that the agreement was not made under any undue influence or coercion and that it appropriately covered the correct bargaining unit. The agreement was deemed to provide for the employees' terms and conditions of employment in a manner that complied with the Fair Work Act 2009. Consequently, the Commission approved the Pathfinder Australia Enterprise Agreement 2019-2022.

The Commission issued a certificate of registration for the enterprise agreement, which became effective from the date of the Commission's decision. This decision ensured that the terms and conditions of employment for the employees covered by the agreement were legally binding and enforceable.

Pathfinder Australia Pty Ltd T/A Pathfinder Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established