Plantic Tribond Pty Ltd

[2013] FWCA 6817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plantic Tribond Pty Ltd
(AG2013/9162)

PLANTIC (CRAIGIEBURN) AWU-ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the Plantic (Craigieburn) AWU-Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Plantic (Craigieburn) AWU-Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Plantic Tribond Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 17 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Plantic Tribond Pty Ltd and the Australian Workers' Union. The company sought approval for the Plantic (Craigieburn) AWU-Enterprise Agreement 2013-2016, which was being presented to the Fair Work Commission. The primary dispute was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, focusing on its compliance with procedural and substantive fairness standards.

The court needed to determine whether the agreement was fairly made, free from coercion, and whether it met the procedural requirements, including the appropriate bargaining processes and disclosure of relevant information. Furthermore, the court had to assess if the terms of the agreement were fair and reasonable, taking into account the interests of both the employees and the employer.

In its decision, the Fair Work Commission held that the agreement was fairly made and met the procedural requirements. The commission found that the union had adequately represented its members and that the employer had engaged in good faith bargaining. The terms of the agreement were considered fair and reasonable, addressing the legitimate needs and interests of both parties. Consequently, the application for approval was granted.

The Fair Work Commission's final orders included the approval of the Plantic (Craigieburn) AWU-Enterprise Agreement 2013-2016, confirming its compliance with the Fair Work Act 2009. The agreement was set to take effect as of the date of the decision, binding both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established