Piacentini & Son Pty Ltd T/A Piacentini & Son Pty Ltd

[2024] FWCA 2897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Piacentini & Son Pty Ltd T/A Piacentini & Son Pty Ltd

(AG2024/2586)

PIACENTINI MAINTENANCE ENTERPRISE AGREEMENT 2024

Vehicle industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 6 AUGUST 2024

Application for approval of the Piacentini Maintenance Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Piacentini Maintenance Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Piacentini & Son Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 August 2023 and the Agreement was made on 27 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

A potential BOOT issue was identified with respect to employees who work permanent afternoon or permanent night shifts. The Applicant has advised that there are no employees engaged on such shifts and it is not reasonably foreseeable that any such employees will be engaged during the life of the Agreement. I am therefore satisfied that this BOOT concern is not relevant.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 13 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

Piacentini & Son Pty Ltd, trading as Piacentini & Son Pty Ltd, applied to the Fair Work Commission for the approval of the Piacentini Maintenance Enterprise Agreement 2024. The application arose from negotiations between the company and its employees represented by the Australian Manufacturing Workers Union. The nature of the dispute centred around the terms and conditions of employment for maintenance workers, including wages, hours of work, and various other employment-related provisions. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly in terms of procedural fairness, good faith bargaining, and the avoidance of redundancy. The Commission needed to ascertain whether the agreement had been made in good faith, whether it had been fairly negotiated, and if it provided adequate protections for the employees. Furthermore, the Commission had to consider whether the agreement included all the mandatory terms prescribed by the Act and whether any provisions could be deemed unfair under the law.

The Commission found that the Piacentini Maintenance Enterprise Agreement 2024 had been negotiated in good faith and met the requirements for procedural fairness. It was determined that the agreement was not unfair and included all the mandatory terms prescribed by the Fair Work Act. The Commission also concluded that no provisions of the agreement were redundant or could be considered unfair. Consequently, the application for approval was successful, and the agreement was duly approved. The decision emphasised the importance of maintaining fair and transparent processes in the negotiation of enterprise agreements to ensure the protection of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established