DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pentarch Logistics Pty Ltd T/A Pentarch Logistics
(AG2019/1830)

PENTARCH LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JUNE 2019

Application for approval of the Pentarch Logistics Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pentarch Logistics Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pentarch Logistics Pty Ltd T/A Pentarch Logistics. 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Pentarch Logistics Pty Ltd trading as Pentarch Logistics, applied to the Fair Work Commission for the approval of the Pentarch Logistics Pty Ltd Enterprise Agreement 2019. The application arose in the context of industrial relations, specifically concerning the terms and conditions of employment of the company’s workers. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement provided for the employees' wages and conditions of employment in a manner that complied with the Fair Work Act, and whether it met the procedural requirements for approval. Additionally, the Commission needed to assess if the agreement had been made in good faith and without coercion, as mandated by the Act.

The Commission found that the agreement was made in good faith and without coercion. It noted that the negotiation process was transparent, with the employer providing adequate information and opportunity for consultation. Furthermore, the agreement contained provisions that met the statutory requirements, including those relating to wages, penalty rates, and other conditions of employment. The Commission concluded that the agreement complied with the necessary criteria for approval under the Fair Work Act. Consequently, the application for the approval of the enterprise agreement was granted.

The Fair Work Commission approved the Pentarch Logistics Pty Ltd Enterprise Agreement 2019, determining that it complied with the statutory requirements of the Fair Work Act. The Commission's decision was based on the findings that the agreement was made in good faith, without coercion, and provided for the employees' wages and conditions in a manner consistent with the law. The approval of the agreement ensures that the terms and conditions of employment are legally binding and enforceable for the duration of the enterprise agreement.

Pentarch Logistics Pty Ltd T/A Pentarch Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established