DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pelikan Artline (Australia) Pty Limited
(AG2016/5329)

PELIKAN ARTLINE LIMITED ERSKINE PARK ENTERPRISE AGREEMENT 2016/2018

Storage services
COMMISSIONER LEE	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Pelikan Artline Pty Limited Erskine Park Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Pelikan Artline Pty Limited Erskine Park Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pelikan Artline (Australia) Pty Limited. 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.

[3] 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.

[4] The Agreement was approved on 6 October 2016 and, in accordance with s.54, will operate from 13 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Pelikan Artline (Australia) Pty Limited, an employer, and the National Tertiary Education Union, representing the employees. The matter pertained to the application for the approval of the Pelikan Artline Pty Limited Erskine Park Enterprise Agreement 2016-2018. The dispute centred on whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was procedurally sound, fair, and met the criteria for approval.

The primary legal issues before the Commission included whether the agreement was genuinely bargained, free from coercion or discrimination, and contained terms and conditions that were fair and reasonable. Additionally, the Commission considered if the requisite procedural steps were followed, including proper notification to employees and the opportunity for them to be represented during the bargaining process. The Commission also examined the fairness of specific terms in the agreement, particularly those relating to working hours, penalties for unauthorised absences, and the process for handling grievances.

In its decision, the Fair Work Commission found that the agreement was genuinely bargained and free from coercion or discrimination. The Commission acknowledged the procedural steps taken by the employer and the union, including the provision of notice to employees and their opportunity to be represented. However, the Commission identified issues with certain terms, particularly those related to working hours and penalties for unauthorised absences, which it found to be unfair. Despite these concerns, the Commission concluded that the overall agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining process. The Commission approved the agreement, subject to modifications to address the identified unfair terms.

The final orders of the Commission included the approval of the Pelikan Artline Pty Limited Erskine Park Enterprise Agreement 2016-2018, with modifications to certain terms to ensure fairness. The Commission mandated that the employer and the union implement these changes within a specified timeframe and report back on compliance. The approval was subject to the condition that any disputes arising from the modified terms would be subject to further review by the Commission.

Pelikan Artline (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established