Peerless Holdings Pty Ltd Summary

[2013] FWCA 9701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Peerless Holdings Pty Ltd
(AG2013/11684)

PEERLESS HOLDINGS PTY. LTD. AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION (EVANS STREET) ENTERPRISE AGREEMENT 2013

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 DECEMBER 2013

Application for approval of the Peerless Holdings Pty. Ltd. and the Australasian Meat Industry Employees Union (Evans Street) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Peerless Holdings Pty. Ltd. and the Australasian Meat Industry Employee Union (Evans Street) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Australasian Meat Industry Employees 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 December 2013. The nominal expiry date of the Agreement is 30 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peerless Holdings Pty Ltd was before the Fair Work Commission. The dispute centred around the application for approval of the Peerless Holdings Pty Ltd and the Australasian Meat Industry Employees Union (Evans Street) Enterprise Agreement 2013. The legal issues that the commission had to resolve were whether the agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009. This involved assessing the fairness of the agreement and determining if it contained all the mandated terms and conditions.

The commission examined the agreement's provisions to ensure it complied with the Fair Work Act. It considered whether the agreement covered all mandatory terms, was free from prohibited content, and was genuinely negotiated. The commission also evaluated the fairness of the agreement, focusing on the balance of rights and obligations, the consideration provided, and the terms' reasonableness. After thorough analysis, the commission concluded that the agreement met all legal criteria for approval. It found that the agreement was fairly negotiated, contained all mandatory terms, and did not include any prohibited content. The commission approved the agreement, recognising it as a genuine enterprise agreement under the Fair Work Act.

The final orders of the commission were to approve the Peerless Holdings Pty Ltd and the Australasian Meat Industry Employees Union (Evans Street) Enterprise Agreement 2013. The commission determined that the agreement was a genuine enterprise agreement, compliant with the statutory requirements. This decision provided legal certainty and stability to the parties involved, ensuring that the agreement could be implemented effectively.

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