Petuna Pty Ltd

[2013] FWCA 5529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Petuna Pty Ltd
(AG2013/1838)

PETUNA PTY LTD ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 AUGUST 2013

Application for approval of the Petuna Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Petuna Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made by Petuna Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] 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) of the Act, 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 15 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Petuna Pty Ltd brought an application to the Fair Work Commission for approval of an enterprise agreement, the Petuna Pty Ltd Enterprise Agreement 2013. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the agreement, particularly those relating to the classification and remuneration of employees, and whether these terms complied with the requirements of the Fair Work Act 2009.

The legal issues that the Commission needed to address were whether the agreement met the criteria for approval under the Fair Work Act, including whether it was a "better off overall test" (BOOT) agreement, and if it was made in accordance with the procedural requirements of the Act. The Commission also had to consider whether the agreement was consistent with the national minimum standards set by the Fair Work Act, and whether it was free from any provisions that could be considered contrary to public policy.

The Fair Work Commission determined that the agreement was compliant with the statutory requirements and met the BOOT. The Commission found that the agreement was made in good faith, without coercion, and that the procedural fairness was maintained throughout the bargaining process. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or national minimum standards. Consequently, the application for approval of the Petuna Pty Ltd Enterprise Agreement 2013 was successful. The agreement was approved, and it became legally binding between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established