DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pental Products Pty Ltd
(AG2014/10087)

PENTAL PRODUCTS PTY LTD METAL AND ELECTRICAL TRADES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Pental Products Pty Ltd Metal and Electrical Trades Enterprise Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Pental Products Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 13.2.2 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 22 December 2014. The nominal expiry date of the Agreement is 23 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Pental Products Pty Ltd was the subject of an application for the approval of an enterprise agreement. The applicant, Pental Products Pty Ltd, sought to have the Metal and Electrical Trades Enterprise Agreement 2014 approved by the Fair Work Commission. The dispute centred around the provisions of the proposed agreement which aimed to govern the employment terms and conditions of the employees within the company. The matter was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues the court needed to address were whether the agreement complied with the requirements of the Fair Work Act, and whether it was made in good faith and with proper consultation. The court was required to ensure that the agreement met the criteria for approval, including being free from prohibited content, being made in accordance with the procedures set out in the Act, and being in the best interests of the employees. The court also needed to determine if the agreement was free from coercion and undue influence.

In reaching its decision, the court examined the provisions of the proposed agreement in detail. It assessed whether the agreement contained any terms that were contrary to the provisions of the Fair Work Act, such as those that would undermine the rights and protections provided to employees. The court also evaluated the process through which the agreement was developed, including the extent of consultation with the employees and their representatives. Upon review, the court found that the agreement complied with all statutory requirements and was made in good faith. Consequently, the court approved the agreement, recognising its validity and enforceability under the Fair Work Act.

The final orders of the court approved the Metal and Electrical Trades Enterprise Agreement 2014 as presented by Pental Products Pty Ltd. This decision ensured that the agreement would govern the employment terms and conditions of the employees, subject to the terms and protections provided by the Fair Work Act. The court's approval signified that the agreement met all legal standards and was in the best interests of the employees involved.

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