Placard Pty Ltd T/A Placard Pty Ltd Summary

[2022] FWCA 4153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Placard Pty Ltd T/A Placard Pty Ltd

(AG2022/4404)

Placard Pty. Ltd. Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 25 NOVEMBER 2022

Application for approval of the Placard Pty. Ltd. Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Placard Pty. Ltd. Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Placard Pty Ltd T/A Placard Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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 does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 6A.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Placard Pty Ltd, trading as Placard Pty Ltd, applied to the Fair Work Commission for the approval of their enterprise agreement, Placard Pty Ltd Enterprise Agreement 2022. The application was made under section 232 of the Fair Work Act 2009. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement, which sets out the terms and conditions of employment for the employees of Placard Pty Ltd.

The central legal issues before the Commission involved whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for minimum pay rates and conditions, dealt with the dispute resolution process, and was made in good faith and without coercion. The Commission also had to ensure that the agreement did not discriminate against employees on various grounds, including sex, pregnancy, marital status, family responsibilities, age, disability, race, colour, nationality, ethnic or social origin, or political opinion.

The Fair Work Commission found that the Placard Pty Ltd Enterprise Agreement 2022 complied with the statutory requirements set out in the Fair Work Act 2009. The Commission concluded that the agreement provided for appropriate minimum pay rates and conditions, included a process for resolving disputes, and was made without coercion. Additionally, the Commission determined that the agreement did not discriminate against employees on any prohibited grounds. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the necessary legislative provisions.

The Fair Work Commission's final order was to approve the Placard Pty Ltd Enterprise Agreement 2022, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement are now legally binding between Placard Pty Ltd and its employees. The approval ensures that the employees of Placard Pty Ltd are covered by an enterprise agreement that meets the statutory requirements under the Fair Work Act 2009.

Placard Pty Ltd T/A Placard Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established