DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plasser Australia Pty Ltd
(AG2021/6372)

PLASSER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 3 AUGUST 2021

Application for approval of the Plasser Australia Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Plasser Australia Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plasser Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss 186, 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 of the Act, will operate from 10 August 2021. The nominal expiry date of the Agreement is 2 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Plasser Australia Pty Ltd, the applicant, the Fair Work Commission was tasked with determining the approval of the Enterprise Agreement proposed by the company. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009. The Commission was required to assess the fairness and compliance of the proposed agreement with various statutory requirements.

The primary legal issues the Commission had to address included whether the agreement provided for fair and reasonable terms and conditions, if it complied with the procedural requirements for enterprise agreements, and if the agreement was genuinely negotiated. The Commission also needed to consider if the agreement adequately covered all required matters, including provisions for minimum wages and conditions, and if it had been properly certified by an independent certifier.

In its decision, the Commission examined the submissions and evidence provided by both the applicant and the relevant unions. The Commission found that the proposed agreement was fairly negotiated, met the necessary procedural requirements, and included all the mandated terms and conditions. The agreement was also deemed to provide fair and reasonable terms for the employees. After careful consideration of all the evidence and submissions, the Commission approved the agreement, finding it to be compliant with the statutory framework.

Consequently, the Fair Work Commission granted approval for the Plasser Australia Pty Ltd Enterprise Agreement 2021, effective from the date of the decision. This approval meant the agreement would be binding on all employees covered by the agreement, and the terms and conditions would be applicable accordingly.

Plasser Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established