Peerless Holdings Pty Ltd

[2023] FWCA 604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Peerless Holdings Pty Ltd

(AG2023/232)

Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement - 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 FEBRUARY 2023

Application for approval of the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement - 2022

Peerless Holdings Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement - 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 24 February 2023 and, in accordance with s 54, will operate from 3 March 2023. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the Fair Work Commission was the subject of an application by Peerless Holdings Pty Ltd, a company in the oil and gas industry, to approve an enterprise agreement. The agreement, titled the "Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement - 2022", was to apply to the employees of Peerless Holdings Pty Ltd working at the Refinery site. The application was made under section 230 of the Fair Work Act 2009. The primary dispute concerned whether the agreement met the statutory requirements for approval, particularly with regard to the procedural fairness in its formation and the coverage of the agreement.

The court was required to determine if the agreement was genuinely made by the parties and if the process for its negotiation and execution was procedurally fair. Additionally, the court examined whether the agreement was consistent with the national system of industrial relations and did not contain any provisions that were contrary to public policy. It was also necessary to ascertain if the agreement provided adequate protections for employees and if it was in the best interests of the employees.

The court found that the agreement was genuinely made by the parties and the process for its negotiation and execution was procedurally fair. The agreement was consistent with the national system of industrial relations and did not contain any provisions that were contrary to public policy. The court also found that the agreement provided adequate protections for employees and was in their best interests. Therefore, the court approved the agreement, enabling it to come into effect and bind both parties as of the effective date specified in the agreement.

The final orders of the court were that the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement - 2022 be, and was, approved by the Fair Work Commission. The agreement was to be registered with the Fair Work Commission and published on its website. The agreement was to come into effect on the date specified in the agreement and would bind both parties from that date. The court also ordered that the costs of the application be paid by Peerless Holdings Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established