Philmac Pty Ltd

[2014] FWCA 7655

FAIR WORK COMMISSION

DECISION

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

Philmac Pty Ltd
(AG2014/9559)

PHILMAC PTY LTD PRODUCTION, DISTRIBUTION AND MAINTENANCE - SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 NOVEMBER 2014

Application for approval of the Philmac Pty Ltd Production, Distribution and Maintenance - South Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Philmac Pty Ltd Production, Distribution and Maintenance - South Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Philmac Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and United Voice, all being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2014. The nominal expiry date of the Agreement is 1 October 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Philmac Pty Ltd, the employer, applied to the Fair Work Commission (FWC) for approval of the Philmac Pty Ltd Production, Distribution and Maintenance - South Australia Enterprise Agreement 2014. The applicants were the South Australian Branch of the Transport Workers' Union of Australia, and the respondent was the employer. The nature of the dispute was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 (Cth).

The legal issues before the FWC were whether the enterprise agreement was a "simplified procedure agreement" and if it contained the minimum terms and conditions as required by the Act. The FWC had to determine if the agreement was consistent with the provisions of the Act, including the requirements for minimum wages and conditions, and if it was made in good faith and without coercion.

The FWC found that the enterprise agreement was a simplified procedure agreement and that it contained the minimum terms and conditions as required by the Act. The FWC considered that the agreement was consistent with the provisions of the Act, including the requirements for minimum wages and conditions, and that it was made in good faith and without coercion. The FWC approved the enterprise agreement, subject to certain conditions, including that the employer provide the FWC with a copy of the agreement once it had been signed by the parties and that the employer comply with any directions given by the FWC in relation to the agreement.

The FWC also ordered that the employer provide the FWC with a copy of the agreement once it had been signed by the parties, and that the employer comply with any directions given by the FWC in relation to the agreement. The FWC further ordered that the agreement be registered with the FWC and that a copy of the agreement be provided to each party and to the FWC within 14 days of the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established