DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peerless Holdings Pty Ltd
(AG2020/3149)

PEERLESS HOLDINGS PTY LTD (WAREHOUSE & PACKHOUSE) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 5 NOVEMBER 2020

Application for approval of the Peerless Holdings Pty Ltd (Warehouse & Packhouse) Enterprise Agreement 2020.

[1] Application has been made by Peerless Holdings Pty Ltd for approval of a single enterprise agreement known as the Peerless Holdings Pty Ltd (Warehouse & Packhouse) Enterprise Agreement 2020 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2020. The nominal expiry date of the Agreement is 30 April 2023.

[4] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Peerless Holdings Pty Ltd, applied to the Fair Work Commission for approval of the Peerless Holdings Pty Ltd (Warehouse & Packhouse) Enterprise Agreement 2020. The nature of the dispute was the terms and conditions under which the employees of Peerless Holdings Pty Ltd would be governed. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The Commission had to consider whether the agreement was appropriately certified as a simple or low-paid enterprise agreement, and whether the process by which it was made was procedurally fair.

The Commission found that the agreement was procedurally fair, meeting all the necessary requirements under the Fair Work Act 2009. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith without any form of coercion. The Commission was satisfied that the agreement was appropriately certified as a simple enterprise agreement, and approved the Peerless Holdings Pty Ltd (Warehouse & Packhouse) Enterprise Agreement 2020.

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