Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust

[2014] FWCA 5421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust
(AG2014/6582)

PLANEX SALES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 AUGUST 2014

Application for approval of the Planex Sales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Planex Sales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Subject to these undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 25 August 2014.The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Planex Sales Pty Ltd, as the trustee for the Planex Sales Unit Trust, applied to the Fair Work Commission for approval of the Planex Sales Enterprise Agreement 2014. The application arose from a dispute concerning the terms and conditions of employment for employees within the trust. The Fair Work Commission was tasked with determining whether the agreement met the legal standards set out in the Fair Work Act 2009.

The central legal issue before the commission was whether the Planex Sales Enterprise Agreement 2014 complied with the statutory requirements for an enterprise agreement. Specifically, the commission had to consider if the agreement appropriately covered the necessary procedural aspects, such as the process for its negotiation and the manner in which it was presented to the employees. Additionally, the commission needed to assess whether the agreement provided adequate protections and terms that were fair and reasonable for the employees involved.

In examining the agreement, the commission noted that it had been negotiated in good faith and involved the relevant bargaining representatives. The agreement was also found to include provisions that aligned with the statutory minimum entitlements and offered terms and conditions that were fair and reasonable. The commission concluded that the Planex Sales Enterprise Agreement 2014 met all the necessary criteria and therefore approved it. The commission's decision was based on the evidence provided and the legal framework governing enterprise agreements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established