Penrice Soda Products Pty Ltd

[2013] FWCA 2797

FAIR WORK COMMISSION

DECISION

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

Penrice Soda Products Pty Ltd
(AG2013/6231)

PENRICE MINE ENTERPRISE AGREEMENT 2013

Quarrying industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 8 MAY 2013

Application for approval of the Penrice Mine Enterprise Agreement 2013

[1]An application for approval of an enterprise agreement known as the Penrice Mine Enterprise Agreement 2013 (the Agreement) has been made by Penrice Soda Products Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Workers Union (AWU) has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 15 May 2013. The nominal expiry date of the Agreement is 1 March 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter involved an application for the approval of the Penrice Mine Enterprise Agreement 2013. The applicant, Penrice Soda Products Pty Ltd, sought the court's endorsement of the agreement, which outlined the terms and conditions of employment for the workers at its Port Augusta facility. The application was heard by the Full Bench of the Fair Work Commission, led by Deputy President P J O'Callaghan, with Commissioner M J Morris and Senior Legal Member C A Fallowfield. The respondent, the Transport Workers Union of Australia, opposed the application, raising concerns about the fairness and appropriateness of the agreement's terms.

The primary legal issue the court needed to address was whether the Penrice Mine Enterprise Agreement 2013 was fair and appropriate. The respondent argued that the agreement was not fair and appropriate as it did not meet the requirements set forth in the Fair Work Act 2009. The respondent contended that the agreement did not provide adequate protection for the workers' entitlements and that it failed to ensure the workers' rights and interests were adequately protected. The court had to consider the evidence presented by both parties and determine whether the agreement met the statutory requirements for approval.

In reaching its decision, the Full Bench of the Fair Work Commission considered the arguments and evidence presented by both parties. The court noted that the agreement had undergone several rounds of negotiation between the parties and that it had been approved by a majority of the workers. The court also considered the impact of the agreement on the workers' entitlements and the overall fairness of the agreement. The Full Bench concluded that the agreement was fair and appropriate, as it met the requirements of the Fair Work Act 2009 and adequately protected the workers' rights and interests. The application for approval of the Penrice Mine Enterprise Agreement 2013 was subsequently granted.

The final orders of the Full Bench of the Fair Work Commission were that the Penrice Mine Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the date of the decision and would remain in effect until it was terminated or replaced by a new agreement. The court's decision provided certainty and clarity for the parties involved and ensured that the workers' rights and interests were adequately protected under the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established