DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Petuna Pty Ltd
(AG2016/6134)

PETUNA PTY LTD EAST DEVONPORT ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Petuna Pty Ltd East Devonport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Petuna Pty Ltd East Devonport Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Petuna Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Australian 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Petuna Pty Ltd, an employer, sought approval for the Petuna Pty Ltd East Devonport Enterprise Agreement 2016. The application was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to oversee employment relations matters in Australia. The applicant argued that the agreement met the statutory requirements for approval and should be certified as a protected action agreement. The dispute primarily focused on whether the agreement complied with the Fair Work Act and if it was fair and reasonable for the employees involved.

The legal issues before the Commission were whether the agreement had been made genuinely and fairly, if it met the requirements for protected action, and whether it was appropriate for the Commission to certify the agreement. These issues required careful consideration of the process by which the agreement was made, the contents of the agreement itself, and whether it complied with the provisions of the Fair Work Act.

The Commission found that the agreement was made genuinely and fairly, in accordance with the requirements of the Fair Work Act. It determined that the agreement met the criteria for protected action and was appropriate for certification. The Commission considered the negotiation process, the terms of the agreement, and the interests of the employees, concluding that the agreement was fair and reasonable. The Commission approved the agreement, certifying it as a protected action agreement.

The Commission's decision was made in favour of Petuna Pty Ltd, granting the application for approval and certification of the Petuna Pty Ltd East Devonport Enterprise Agreement 2016. The agreement was certified as a protected action agreement, effective from the date of the Commission's decision.

Petuna 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