DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust T/A Planex
(AG2017/3099)

PLANEX SALES PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Planex Sales Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Planex Sales Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust T/A Planex. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 9 November 2017 and, in accordance with s.54, will operate from 16 November 2017. The nominal expiry date of the Agreement is 9 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust T/A Planex applied for the approval of the Planex Sales Pty Ltd Enterprise Agreement 2017. The respondents to the application were the Australian Manufacturing Workers' Union and the Australian Services Union. The dispute centred on the validity and appropriateness of the proposed enterprise agreement, specifically concerning its terms and conditions of employment, and whether it complied with the relevant industrial relations legislation. The Commission was tasked with assessing the fairness and appropriateness of the agreement, ensuring it met the statutory requirements and did not unduly disadvantage any party.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable outcome for all parties, if it adhered to the Fair Work Act 2009, and if it appropriately balanced the interests of employers and employees. Additionally, the Commission had to consider if the agreement had been made in good faith and if it complied with the process requirements under the Act. The Commission also needed to ensure that the agreement did not contain any provisions that were contrary to public policy or that could potentially lead to adverse economic consequences.

In its decision, the Commission carefully examined the evidence and submissions provided by the parties. It found that the agreement, while not perfect, achieved a fair and reasonable outcome for all parties involved. The Commission concluded that the agreement was made in good faith and complied with the statutory requirements under the Fair Work Act 2009. It determined that the agreement did not contain any provisions that were contrary to public policy and would not lead to adverse economic consequences. The Commission approved the Planex Sales Pty Ltd Enterprise Agreement 2017, subject to certain conditions aimed at ensuring ongoing compliance and fairness.

Planex Sales Pty Ltd as the Trustee for Planex Sales Unit Trust T/A Planex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established