Peerless Holdings Pty Ltd

[2014] FWCA 7911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peerless Holdings Pty Ltd
(AG2014/9249)

PEERLESS HOLDINGS PTY LTD AND THE NATIONAL UNION OF WORKERS PEERLESS HOLDINGS PTY LTD (REFINERY) ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 NOVEMBER 2014

Application for approval of the Peerless Holdings Pty Ltd and the National Union of Workers Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Peerless Holdings Pty Ltd and the National Union of Workers Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Peerless Holdings Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Peerless Holdings Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 30 April 2017.

ATTACHMENT A

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CaseChat Overview and Summary

The matter in Peerless Holdings Pty Ltd involved an application to approve an enterprise agreement between the employer, Peerless Holdings Pty Ltd, and the National Union of Workers, concerning employees at the refinery. The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009, particularly concerning the processes followed in negotiating and finalising the agreement.

The legal issues before the Commission included whether the union had appropriately represented the employees during negotiations, if the agreement was made in good faith, and whether the agreement complied with the provisions of the Fair Work Act. Additionally, the Commission examined whether the agreement met the standard of being in the best interests of the employees, particularly in terms of pay, conditions, and other employment-related matters.

In delivering its decision, the Commission found that the union had indeed represented the employees appropriately and that the agreement was made in good faith. The Commission also determined that the agreement met the statutory requirements and was in the best interests of the employees, taking into account the comprehensive nature of the negotiations and the provisions included within the agreement. As a result, the Commission approved the Peerless Holdings Pty Ltd and the National Union of Workers Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2014, thereby resolving the application in favour of the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established