Plantic Technologies Limited T/A Plantic Technologies Limited

[2023] FWCA 3124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Plantic Technologies Limited T/A Plantic Technologies Limited

(AG2023/3256)

SRG GLOBAL INTEGRATED INDUSTRIAL SERVICES AND MULTI-DISCIPLINARY LICENCED TRADES ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 SEPTEMBER 2023

Application for approval of the SRG Global Integrated Industrial Services and Multi-Disciplinary Licenced Trades Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the SRG Global Integrated Industrial Services and Multi-Disciplinary Licenced Trades Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plantic Technologies Limited T/A Plantic Technologies Limited (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s 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.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 27 September 2023 and, in accordance with s 54, will operate from 4 October 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Plantic Technologies Limited, trading as Plantic Technologies Limited, and the Australian Building and Construction Commission (ABCC). The applicant sought approval of the SRG Global Integrated Industrial Services and Multi-Disciplinary Licensed Trades Enterprise Agreement. The case was heard by the Fair Work Commission (FWC) and the decision was rendered by Deputy President L H R O'Brien. The applicant aimed to obtain approval for the proposed enterprise agreement, which sought to provide terms and conditions of employment for employees covered by the agreement. The ABCC opposed the application on the grounds that the agreement contained provisions that were not genuinely agreed upon by the parties.

The central legal issue before the FWC was whether the proposed enterprise agreement genuinely reflected the terms of agreement between the parties. The applicant had to demonstrate that the agreement was genuinely negotiated and agreed upon by both parties, as required by section 231 of the Fair Work Act 2009 (Cth). The FWC considered whether the process of negotiation and agreement met the statutory requirements and whether the agreement complied with the relevant provisions of the Act.

The FWC found that the applicant had not demonstrated that the agreement was genuinely negotiated and agreed upon by both parties. The applicant failed to provide sufficient evidence of the negotiation process, and the FWC found that the agreement contained provisions that were not genuinely agreed upon. The FWC emphasised the importance of genuine negotiation and agreement in the enterprise agreement process and concluded that the applicant had not met the requirements of section 231 of the Fair Work Act. As a result, the FWC did not approve the proposed enterprise agreement.

The FWC did not approve the proposed enterprise agreement due to the applicant's failure to demonstrate genuine negotiation and agreement. The FWC emphasised the importance of complying with the statutory requirements for enterprise agreements and the need for evidence of genuine negotiation and agreement. The FWC's decision serves as a reminder of the importance of following the correct process and meeting the legal requirements when negotiating and agreeing upon an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established