DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peerless Holdings Pty Ltd
(AG2020/1474)

PEERLESS HOLDINGS PTY LTD (ENGINEERING) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JUNE 2020

Application for approval of the Peerless Holdings Pty Ltd (Engineering) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Peerless Holdings Pty Ltd (Engineering) Enterprise Agreement 2020 (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 (AMWU) 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 11 June 2020 and, in accordance with s.54, will operate from 18 June 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peerless Holdings Pty Ltd was involved in a dispute regarding the approval of an enterprise agreement. The application was heard by the Fair Work Commission, the relevant body for such matters. The crux of the dispute was whether the proposed engineering enterprise agreement met the statutory criteria for approval, including compliance with the provisions of the Fair Work Act 2009. The legal issues the court had to resolve were whether the agreement provided for appropriate mechanisms for resolving workplace disputes, and whether the agreement appropriately balanced the rights and interests of employees and employers.

The Commission examined the provisions of the proposed agreement against the benchmarks set by the Fair Work Act. It assessed whether the agreement's dispute resolution mechanisms were fair and effective, and whether it adequately protected employees' rights while also ensuring employers' operational flexibility. The Commission also considered submissions from both the employer and the employees' representatives, weighing the arguments presented regarding the fairness and practicality of the proposed terms.

In its decision, the Commission found that the proposed enterprise agreement satisfied the statutory requirements for approval. The Commission noted that the agreement included adequate dispute resolution processes that were fair and effective, and it struck an appropriate balance between the rights of employees and the operational needs of the employer. The Commission was satisfied that the agreement met all necessary criteria under the Fair Work Act, and therefore approved the Peerless Holdings Pty Ltd (Engineering) 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