Pental Products Pty Ltd

[2021] FWCA 7261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pental Products Pty Ltd
(AG2021/8863)

PENTAL PRODUCTS PTY LTD METAL AND ELECTRICAL TRADES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Pental Products Pty Ltd Metal and Electrical Trades Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Pental Products Pty Ltd Metal and Electrical Trades Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pental 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 29 December 2021. The nominal expiry date of the Agreement is 23 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pental Products Pty Ltd was the subject of an application for the approval of a new enterprise agreement. The applicant, Pental Products, sought to have the Metal and Electrical Trades Enterprise Agreement 2021 approved under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, and if it was free from any unfair provisions. The Commission also considered whether the agreement had been made in good faith and if it provided for the proper protection of the employees' interests.

The Commission found that the proposed agreement did meet the criteria for approval. It was satisfied that the agreement provided for a fair and efficient workplace, and that it did not contain any unfair provisions. The Commission noted that the agreement had been made in good faith and provided for the proper protection of the employees' interests. The Commission approved the agreement, finding that it would provide for a fair and efficient workplace, and that it was in the best interests of the employees.

The Fair Work Commission approved the Metal and Electrical Trades Enterprise Agreement 2021 for Pental Products Pty Ltd. The Commission found that the agreement met the criteria for approval under the Fair Work Act, and that it provided for a fair and efficient workplace. The agreement was approved and will now be in effect for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established