DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Petmar Pty Ltd ATF Petmar Unit Trust T/A Process Chemicals
(AG2018/903)

PROCESS CHEMICALS ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2018

Application for approval of the Process Chemicals Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Process Chemicals Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Petmar Pty Ltd ATF Petmar Unit Trust T/A Process Chemicals. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 28 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Petmar Pty Ltd ATF Petmar Unit Trust T/A Process Chemicals, the Full Bench of the Fair Work Commission was tasked with approving the Process Chemicals Enterprise Agreement 2018. The agreement was proposed by the employer, Petmar, and the union representing the employees, the Transport Workers Union of Australia. The application for approval came before the Full Bench on 20 September 2018, following the union's initial application. The dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the proposed agreement was a genuine enterprise agreement and if it complied with the procedural fairness requirements set out in the Fair Work Act. The court also had to consider whether the agreement had been made in good faith and whether it contained appropriate provisions for the protection of employees' rights and interests. The court needed to determine if the agreement was fair and reasonable, and if it had been appropriately negotiated.

The Full Bench of the Fair Work Commission found that the proposed agreement was a genuine enterprise agreement and that it complied with the statutory requirements for approval. The court noted that the agreement had been negotiated in good faith and contained appropriate provisions for the protection of employees' rights and interests. The court also found that the agreement was fair and reasonable, and that it met the procedural fairness requirements set out in the Fair Work Act. As a result, the Full Bench approved the Process Chemicals Enterprise Agreement 2018, which will now be binding on the employer and employees covered by the agreement.

Petmar Pty Ltd ATF Petmar Unit Trust T/A Process Chemicals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established