DECISION

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

Peerless Holdings Pty Ltd
(AG2017/3651)

PEERLESS HOLDINGS PTY LTD (REFINERY) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 27 OCTOBER 2017

Application for approval of the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Peerless Holdings Pty Ltd, sought approval of the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2017. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement, as the respondents, represented by the Australian Manufacturing Workers' Union, argued that the agreement had not been fairly negotiated and was therefore invalid.

The legal issues before the court included whether the agreement had been made in good faith, whether the agreement had been negotiated fairly, and whether the agreement contained provisions that were necessary to protect the interests of employees. The court had to consider the evidence presented by both parties and determine whether the agreement met the statutory requirements for approval. The applicant argued that the agreement was fair and reasonable, while the respondents maintained that the agreement did not meet the necessary criteria.

The court found that the agreement had been made in good faith and that the negotiation process had been fair. The court also found that the agreement contained provisions that were necessary to protect the interests of employees. The court noted that the agreement had been negotiated over a period of several months and that the parties had made significant efforts to reach a consensus. The court held that the agreement met the statutory requirements for approval and was therefore valid. The application was subsequently approved by the Fair Work Commission.

The Fair Work Commission approved the Peerless Holdings Pty Ltd (Refinery) Enterprise Agreement 2017, subject to certain conditions. The agreement was found to be valid and was therefore approved by the court. The decision of the court was binding on both parties and was subject to enforcement by the Fair Work Commission. The approval of the agreement was a significant step forward in the ongoing negotiations between the applicant and the respondents, and it provided a framework for the future relationship between the parties.

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