Plasvacc Pty Ltd

[2013] FWCA 4762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Plasvacc Pty Ltd
(AG2013/1857)

PLASVACC PTY LTD ENTERPRISE AGREEMENT 2013

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 16 JULY 2013

Application for approval of the Plasvacc Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Plasvacc Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 22 July 2013. The nominal expiry date of the Agreement is 21 July 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Plasvacc Pty Ltd applied to the Fair Work Commission for the approval of their 2013 Enterprise Agreement. The application involved various terms and conditions of employment, including pay rates and other entitlements. The matter was heard by the Fair Work Commission, which is tasked with regulating and approving enterprise agreements in Australia.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements under the Fair Work Act 2009. This involved ensuring that the agreement met the criteria for "bargaining representative agreements" and did not contain any terms that were contrary to the public interest or that would otherwise undermine the safety and health of employees. Additionally, the Commission considered whether the agreement had been genuinely negotiated and whether it contained appropriate dispute resolution mechanisms.

The Commission found that the agreement met all necessary statutory requirements and was genuinely negotiated. The terms and conditions were considered fair and reasonable, and the agreement included adequate dispute resolution processes. The Commission also noted that the agreement provided adequate protections for employees' safety and health, and did not contain any terms that were contrary to the public interest. As a result, the Commission approved the 2013 Enterprise Agreement.

The Fair Work Commission approved the Plasvacc Pty Ltd Enterprise Agreement 2013, finding that it complied with all relevant statutory requirements and had been genuinely negotiated. The agreement was deemed to be fair and reasonable, and provided adequate protections for employees' safety and health. The Commission's approval allows the agreement to be implemented and enforced as a binding contract between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established