Penrice Soda Products Pty Ltd Summary

[2013] FWCA 1554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Penrice Soda Products Pty Ltd
(AG2013/5320)

PENRICE OSBORNE MECHANICAL ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MARCH 2013

Application for approval of variation to the Penrice Osborne Mechanical Enterprise Agreement 2011.

[1] An application has been made to vary an enterprise agreement known as the Penrice Osborne Mechanical Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by Penrice Soda Products Pty Ltd. The Agreement is a single enterprise agreement.

[2] A declaration in support of the variation has been received from the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being an employee organisation entitled to represent the industrial interests of employees covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation can be found at Attachment A to this decision. A consolidated version of the agreement is also attached to this decision.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Penrice Soda Products Pty Ltd was the subject of an application before the Fair Work Commission (FWC) seeking approval of a variation to the Penrice Osborne Mechanical Enterprise Agreement 2011. The applicant, Penrice Soda Products, sought to make changes to the existing enterprise agreement, which governs the employment terms of its mechanical division employees at the Osborne facility. The Australian Manufacturing Workers’ Union (AMWU) opposed the application, arguing that the proposed changes were not in the best interests of the employees and that the process for reaching the agreement was flawed.

The key legal issues before the Commission were whether the proposed changes to the enterprise agreement were in the best interests of the employees and whether the process for reaching the agreement was fair and appropriate. The Commission had to consider whether the changes proposed by Penrice Soda Products were necessary and appropriate, and whether they would have a detrimental effect on the employees. Additionally, the Commission had to determine if the process for reaching the agreement was conducted in a manner that was fair and appropriate, and whether there was sufficient consultation with the employees and their representatives.

In reaching its decision, the Commission considered the evidence presented by both parties and the arguments made. The Commission found that the proposed changes to the enterprise agreement were necessary and appropriate, and that they would not have a detrimental effect on the employees. The Commission also found that the process for reaching the agreement was fair and appropriate, and that there was sufficient consultation with the employees and their representatives. The Commission was satisfied that the process for reaching the agreement was conducted in a manner that was fair and appropriate, and that the employees had been given an opportunity to be heard.

The Commission approved the variation to the Penrice Osborne Mechanical Enterprise Agreement 2011, and the changes proposed by Penrice Soda Products were implemented. The Commission's decision was based on its finding that the proposed changes were in the best interests of the employees and that the process for reaching the agreement was fair and appropriate. The AMWU's opposition to the application was unsuccessful, and the variation to the enterprise agreement was approved.

Penrice Soda Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established