DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peanut Company of Australia Limited t/a Peanut Company of Australia
(AG2016/483)

THE PEANUT COMPANY OF AUSTRALIA ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 22 MARCH 2016

Application for approval of The Peanut Company of Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Peanut Company of Australia 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 Peanut Company of Australia Limited t/a Peanut Company of Australia. 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] 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2016. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Peanut Company of Australia Limited, trading as The Peanut Company of Australia, applied to the Fair Work Commission for approval of the Enterprise Agreement 2015. The agreement had been negotiated between the company and the relevant union and was to apply to employees who were members of that union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to provisions concerning shift differentials and penalty rates.

The court was tasked with determining if the agreement appropriately balanced the interests of the employer and employees, and if it complied with statutory provisions regarding minimum entitlements and procedural fairness. Key issues included whether the provisions on shift differentials were in line with the principles of fairness and whether the penalty rates provided adequate compensation for the nature of the work performed. The court also needed to consider if the agreement had been made in good faith and if it contained provisions for the protection of employees.

The Fair Work Commission found that the agreement was in compliance with the statutory requirements. The provisions concerning shift differentials were deemed reasonable and in line with industry standards. The penalty rates were also considered adequate, taking into account the specific conditions of the work. The court noted that the agreement had been negotiated in good faith and included appropriate mechanisms for dispute resolution and employee representation. Consequently, the application for approval was successful, and the agreement was certified as meeting the necessary legal standards.

The final orders of the court approved the Enterprise Agreement 2015 as compliant with the Fair Work Act 2009. The agreement was to be registered and would apply to the relevant employees from the specified commencement date. The decision underscored the importance of balancing the interests of both employers and employees while ensuring compliance with legislative requirements.

Peanut Company of Australia Limited t/a Peanut Company of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established