DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pax Australia Pty Limited
(AG2016/6318)

PAX AUSTRALIA - AWU ENTERPRISE BARGAINING AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the PAX AUSTRALIA - AWU ENTERPRISE BARGAINING AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the PAX AUSTRALIA - AWU ENTERPRISE BARGAINING 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 Pax Australia Pty Limited. 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 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pax Australia Pty Limited, a company engaged in the fast food sector, and the Australian Workers' Union (AWU) filed an application seeking approval of the Pax Australia – AWU Enterprise Bargaining Agreement 2016. The application was brought before the Fair Work Commission, which is tasked with the administration of the Fair Work Act 2009. The primary dispute centred on whether the terms of the agreement were consistent with the provisions of the Act and whether it met the criteria for being deemed a "single interest" enterprise agreement.

The court was required to determine if the bargaining agreement complied with the statutory requirements, particularly in relation to the "single interest" criterion, which mandates that the agreement must genuinely represent the interests of all employees covered by it. Additionally, the court needed to assess if the agreement contained any terms that might be considered contrary to the public interest or not in the best interests of the employees.

The Fair Work Commission found that the agreement did indeed meet the "single interest" requirement, as it was negotiated between a single employer and a single union, representing all employees within the designated bargaining unit. The Commission further concluded that the agreement did not contain any terms that were contrary to the public interest or detrimental to the employees. The Commission approved the agreement, highlighting its balanced approach in addressing the interests of both the employer and the employees.

Following the approval, the Fair Work Commission issued an order confirming the Pax Australia – AWU Enterprise Bargaining Agreement 2016 as a valid and binding enterprise agreement under the Fair Work Act 2009. The agreement was thus deemed effective, governing the terms and conditions of employment for the employees within the specified bargaining unit.

Pax Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established