DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peerless Holdings Pty Ltd
(AG2021/5815)

PEERLESS HOLDINGS PTY LTD. (ENGINEERING) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 JULY 2021

Application for approval of the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2021 (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. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 July 2021 and, in accordance with s.54, will operate from 14 July 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peerless Holdings Pty Ltd is a company that sought approval for the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2021 from the Fair Work Commission. The application for approval was made by the company, and the dispute arose from the terms and conditions set out in the proposed agreement. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was the tribunal tasked with evaluating and deciding on the matter. The primary issue for the Commission was to determine whether the proposed enterprise agreement met the legal criteria for approval under the Act, particularly focusing on the fairness and compliance of the agreement's terms with the legislative standards.

The Commission needed to assess if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and entitlements for employees, as well as whether it included appropriate mechanisms for dispute resolution. Another significant consideration was whether the agreement adhered to the procedural requirements, such as the appropriate consultation process and whether it had been genuinely negotiated between the employer and the employees or their representatives. The Commission also had to consider the implications of the agreement on the broader industrial relations environment and its potential impact on the parties involved.

In delivering its decision, the Commission found that the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2021 met the necessary criteria for approval. The agreement was deemed fair and reasonable, providing adequate terms and conditions for the employees. The Commission also found that the agreement was genuinely negotiated and complied with the procedural requirements set out in the Fair Work Act 2009. The Commission concluded that the agreement would not have an adverse effect on the broader industrial relations system. As a result, the application for approval was granted, and the enterprise agreement was registered under the Act.

No further orders were made beyond the approval and registration of the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2021. The decision reinforces the importance of ensuring that enterprise agreements are fair, reasonably negotiated, and comply with the legal standards set out in the Fair Work Act 2009.

Peerless Holdings 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