Philmac Pty Ltd T/A Philmac

[2022] FWCA 839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Philmac Pty Ltd T/A Philmac

(AG2022/324)

Philmac Pty Ltd Production, Distribution and Maintenance - South Australia Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 MARCH 2022

Application for approval of the Philmac Pty Ltd Production, Distribution and Maintenance - South Australia Enterprise Agreement 2022

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 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that each organisation wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 March 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Philmac Pty Ltd, trading as Philmac, for the approval of the Philmac Pty Ltd Production, Distribution and Maintenance - South Australia Enterprise Agreement 2022. The applicant sought the court's endorsement of the agreement which would formalise terms of employment for its employees in South Australia. The dispute centred on whether the agreement complied with the relevant industrial legislation and adequately represented the interests of the employees.

The central legal issues before the court were whether the agreement was a bona fide enterprise agreement as defined under the Fair Work Act 2009 and if it had been appropriately negotiated and presented. The court had to consider if the agreement contained all the required terms and conditions and if it was consistent with the provisions of the Act. Furthermore, the court examined whether the agreement had been certified by the Australian Building and Construction Commission, as required, and if the proper procedures for negotiation and consultation had been followed.

In delivering its decision, the court assessed the provisions of the agreement against the legislative requirements. It found that the agreement was comprehensive, covering all necessary terms, and had been negotiated in good faith. The court also confirmed that the agreement had been certified by the relevant authority and that the negotiation process complied with the procedural requirements of the Act. Consequently, the court was satisfied that the agreement was a bona fide enterprise agreement and approved it in its entirety. The final orders of the court were to approve the Philmac Pty Ltd Production, Distribution and Maintenance - South Australia Enterprise Agreement 2022, effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established