DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pental Products Pty Ltd
(AG2021/4696)

PENTAL PRODUCTS PTY LTD AND UWU PRODUCTION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2021

Application for approval of the Pental Products Pty Ltd and UWU Production Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Pental Products Pty Ltd and UWU Production Enterprise Agreement 2020 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2021. The nominal expiry date of the Agreement is 22 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pental Products Pty Ltd was involved in a dispute with UWU Production Enterprise over the approval of their Enterprise Agreement for 2020. The matter was brought before the Fair Work Commission. The primary issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and complied with the relevant provisions of the Act.

The court examined the submissions made by both parties and the evidence provided. It considered the nature of the agreement, the process by which it was negotiated, and the potential impact on the employees. The court also took into account the submissions from other stakeholders, such as the Australian Manufacturing Workers' Union. After thorough deliberation, the court found that the agreement did not adequately protect the employees' interests and did not meet the criteria for approval. Consequently, the application for the approval of the enterprise agreement was dismissed.

The court's decision was based on the comprehensive analysis of the evidence and the legal framework governing enterprise agreements. The final orders of the court included the dismissal of the application for approval of the Pental Products Pty Ltd and UWU Production Enterprise Agreement 2020, and the requirement for the parties to negotiate a new agreement that better addresses the interests of the employees.

Pental Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established