| [2024] FWCA 1432 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pelican Products Pty Ltd
(AG2024/905)
PELICAN PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 24 APRIL 2024 |
Application for approval of the Pelican Products Pty Ltd Enterprise Agreement 2024
Pelican Products Pty Ltd has made an application for approval of an enterprise agreement known as the Pelican Products Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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. As required by s 201(2), I note that the Agreement covers the AMWU.
The Agreement was approved on 24 April 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Pelican Products Pty Ltd [2024] FWCA 1432
- Case
- [2024] FWCA 1432
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission involved assessing whether the agreement provided fair and reasonable terms for the employees, whether it adhered to the provisions of the Fair Work Act, and whether it complied with the statutory requirements for enterprise agreements, including the provision of adequate employee protections and benefits. The Commission also needed to consider whether the agreement was negotiated in good faith and whether it was in the best interests of the employees.
After a thorough review of the application, the Fair Work Commission found that the Pelican Products Pty Ltd Enterprise Agreement 2024 met all the necessary legal requirements. The agreement provided fair and reasonable terms for the employees, adhered to the provisions of the Fair Work Act, and complied with the statutory requirements for enterprise agreements. The Commission also found that the agreement had been negotiated in good faith and was in the best interests of the employees. Consequently, the Commission approved the agreement, allowing it to come into effect as per the terms specified within the document.
The final orders of the Fair Work Commission included the approval of the Pelican Products Pty Ltd Enterprise Agreement 2024, which would govern the employment terms and conditions for the employees involved. The agreement was to be implemented as per its specified commencement date, and both the employer and the employees were bound by its terms. The Commission's decision provided legal certainty and clarity regarding the employment relationship between Pelican Products Pty Ltd and its employees, ensuring that the agreement would be upheld and enforced in accordance with the Fair Work Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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