Peerless Holdings Pty Ltd T/A Peerless Summary

[2024] FWCA 3607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Peerless Holdings Pty Ltd T/A Peerless

(AG2024/3781)

PEERLESS HOLDINGS PTY LTD (ENGINEERING) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 16 OCTOBER 2024

Application for approval of the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2024 (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 T/A Peerless. The Agreement is a single enterprise agreement.

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 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. The AMWU support approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2024. The nominal expiry date of the Agreement is 31 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Peerless Holdings Pty Ltd, trading as Peerless, for the approval of the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2024. The application was heard in the Fair Work Commission, where the company sought to have the agreement recognised and enforced under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including the appropriate consultation processes with the employees and the coverage of essential terms.

The legal issues before the court were primarily whether the agreement was fairly and appropriately negotiated, and if it contained all the required minimum terms stipulated by the Fair Work Act. The court had to consider whether Peerless Holdings Pty Ltd demonstrated genuine consultation with their employees, and if the agreement covered all mandatory provisions such as minimum rates of pay, maximum weekly hours, and other conditions of employment. Furthermore, the court evaluated the procedural fairness in the negotiation process and whether the agreement was in the best interests of the employees.

In its reasoning, the court examined the evidence provided by Peerless Holdings Pty Ltd regarding the consultation process and the terms of the agreement. The court found that the company had engaged in genuine consultation with the employees, as evidenced by the documented discussions and the feedback incorporated into the final agreement. The court also determined that the agreement included all the necessary minimum terms and conditions as required by the legislation. Based on this assessment, the court concluded that the agreement was fair and appropriate, and approved the Peerless Holdings Pty Ltd. (Engineering) Enterprise Agreement 2024. The final orders of the court mandated that the agreement be recognised and enforceable under the Fair Work Act.

Peerless Holdings Pty Ltd T/A Peerless

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established