DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peanut Company of Australia Pty Ltd
(AG2019/3180)

THE PEANUT COMPANY OF AUSTRALIA MAINTENANCE EMPLOYEES AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 16 SEPTEMBER 2019

Application for approval of The Peanut Company of Australia Maintenance Employees Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Peanut Company of Australia Maintenance Employees Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Peanut Company of Australia 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 (CEPU) being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. 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 of the Act, will operate from 23 September 2019. The nominal expiry date of the Agreement is 1 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Peanut Company of Australia Pty Ltd, which sought approval for the Peanut Company of Australia Maintenance Employees Agreement 2019. The application was heard in the Fair Work Commission, where the company aimed to ensure the agreement's compliance with the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the necessary standards and requirements for a certified agreement under the Act.

The legal issues before the Commission included whether the agreement provided for a fair and equitable resolution of the employees' terms and conditions, and whether it complied with the provisions of the Fair Work Act, including the requirement for genuine agreement between the employer and employees. Additionally, the Commission had to consider whether the agreement would result in an appropriate balance between the interests of the employees and the company.

In its reasoning, the Commission assessed the proposed agreement against the statutory framework. It examined the processes through which the agreement was negotiated and the extent to which employees were genuinely involved in the process. The Commission also reviewed the terms and conditions outlined in the agreement to ensure they met the fairness and benefit tests. Ultimately, the Commission found that the agreement was appropriately negotiated and met the necessary requirements of the Act. It was satisfied that the agreement provided for fair terms and conditions and struck an appropriate balance between the interests of both parties. The Commission approved the agreement, recognising its compliance with the statutory standards.

No specific final orders were noted in the text, but the approval of the agreement means that it will now govern the employment conditions of the maintenance employees in accordance with the Fair Work Act.

Peanut Company of Australia 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