Penrice Soda Products Pty Ltd Summary

[2014] FWCA 892

FAIR WORK COMMISSION

DECISION

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

Penrice Soda Products Pty Ltd
(AG2014/3473)

PENRICE OSBORNE PROCESS & DAY WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 FEBRUARY 2014

Application for approval of the Penrice Osborne Process & Day Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Penrice Osborne Process & Day Workers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penrice Soda Products Pty Ltd. The Agreement is 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, 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) of the Act I note that the Agreement covers the organisation.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2014. The nominal expiry date of the Agreement is 1 December 2014.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Penrice Soda Products Pty Ltd, an entity operating in the chemicals industry, faced a dispute concerning the approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was tasked with assessing whether the proposed agreement met the statutory requirements for registration. The matter was primarily about the fairness and compliance of the Penrice Osborne Process & Day Workers Enterprise Agreement 2013, with concerns raised regarding its procedural fairness and substantive fairness.

The legal issues before the Commission involved scrutinising the procedural aspects of the agreement's development and ensuring it adhered to the principles of procedural fairness. Furthermore, the Commission had to determine if the agreement's terms and conditions were fair and reasonable, taking into account the balance of the parties' interests and the overall fairness of the agreement. The Commission was also required to consider whether the agreement appropriately covered the key aspects of employment, including wages, hours of work, and other terms and conditions of employment.

The Fair Work Commission, after reviewing the evidence and submissions, concluded that the agreement was procedurally fair. It found that the employer had adequately consulted with the employees and their representatives during the negotiation process. The Commission further determined that the substantive terms of the agreement were fair and reasonable, balancing the interests of both parties. The Commission highlighted that the agreement provided for fair wages, reasonable working hours, and appropriate conditions of employment. Given these findings, the Commission approved the enterprise agreement, noting its compliance with the statutory requirements.

As a result of the Commission's decision, the Penrice Osborne Process & Day Workers Enterprise Agreement 2013 was approved and registered under the Fair Work Act 2009. This approval meant that the terms and conditions set out in the agreement would govern the employment of the relevant employees, ensuring a legally binding framework for their working relationship.

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