DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peerless Holdings Pty Ltd
(AG2020/2542)

PEERLESS HOLDINGS PTY LTD (REFINERY) ENTERPRISE AGREEMENT - 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 14 SEPTEMBER 2020

Application for approval of the Peerless Holdings Pty Ltd (Refinery) 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 (Refinery) 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 21 September 2020. The nominal expiry date of the Agreement is 30 April 2022.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Peerless Holdings Pty Ltd, the applicant, the Fair Work Commission was asked to approve an enterprise agreement for Peerless Holdings Pty Ltd, specifically for its refinery operations. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009. The Commission, led by Commissioner P. A. Harbison, was tasked with determining the fairness and appropriateness of the proposed agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement adequately covered all necessary terms and conditions of employment, and whether it complied with the procedural and substantive fairness criteria set out in the Fair Work Act. Additionally, the Commission had to consider if the agreement was made in good faith and if it had been fairly negotiated, given the specific operational context of the refinery.

The Commission found that the proposed agreement was comprehensive and met the statutory requirements. The agreement addressed all essential terms and conditions of employment, including pay rates, hours of work, and other workplace provisions, ensuring that it was fair and reasonable. The Commission also concluded that the agreement was negotiated in good faith and that the process adhered to the procedural fairness requirements. The substantive fairness of the agreement was upheld, as it did not unjustifiably disadvantage any party and provided for appropriate protections and entitlements.

As a result, the Commission approved the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2020. This approval signifies that the agreement will now be applicable to the employees of Peerless Holdings Pty Ltd in its refinery operations, governing their employment conditions for the specified period.

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