Peerless Holdings Pty Ltd

[2014] FWCA 6941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peerless Holdings Pty Ltd
(AG2014/9178)

PEERLESS HOLDINGS PTY LTD (PACKHOUSE, WAREHOUSE, TANK FARM, HYDROGENATION PLANT) ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
COMMISSIONER BLAIR	MELBOURNE, 2 OCTOBER 2014

Application for approval of the Peerless Holdings Pty Ltd (Packhouse, Warehouse, Tank Farm, Hydrogenation Plant) Enterprise Agreement 2014

[1] An application has been made for approval of a single-enterprise agreement known as the Peerless Holdings Pty Ltd (Packhouse, Warehouse, Tank Farm, Hydrogenation Plant) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peerless Holdings Pty Ltd.

[2] 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] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2014. The nominal expiry date of the Agreement is 30 April 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peerless Holdings Pty Ltd, represented by its employees through the Food and Allied Industries Union of Workers (FAIU), sought approval of the Peerless Holdings Pty Ltd (Packhouse, Warehouse, Tank Farm, Hydrogenation Plant) Enterprise Agreement 2014. The application was made to the Fair Work Commission. The respondents, Peerless Holdings Pty Ltd, contended that the agreement should not be approved due to several concerns, including the potential for workplace bullying and the lack of dispute resolution provisions. The FAIU argued that the agreement was appropriate and met the standards set by the Fair Work Act.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, specifically sections 231 and 232, and whether it provided for fair and reasonable terms and conditions of employment. The Commission examined the agreement's provisions on workplace bullying and the absence of dispute resolution mechanisms. It considered whether the agreement adequately protected employees and whether it complied with the principles of good faith bargaining and procedural fairness.

The Commission found that while the agreement contained provisions addressing workplace bullying, it did not adequately ensure compliance with anti-bullying laws. Additionally, the absence of dispute resolution provisions was noted as a significant deficiency. The Commission concluded that the agreement did not meet the standards for approval under the Fair Work Act. Consequently, the application for approval was dismissed. The decision emphasised the importance of robust dispute resolution mechanisms and comprehensive anti-bullying provisions in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established