Plasvacc Pty Ltd T/A Plasvacc

[2024] FWCA 1634

[2024] FWCA 1634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Plasvacc Pty Ltd T/A Plasvacc

(AG2024/489)

PLASVACC PTY LTD ENTERPRISE AGREEMENT 2023

Agricultural industry
COMMISSIONER HUNT	BRISBANE, 3 MAY 2024

Application for approval of the Plasvacc Pty Ltd Enterprise Agreement 2023

1. Plasvacc Pty Ltd T/A Plasvacc (the Employer) has applied for approval of an enterprise agreement known as the Plasvacc Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 17 November 2023 and the Agreement was made on 16 February 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. I advised the Employer on 22 March 2024 that I continued to hold concerns, and following further correspondence, I listed the matter for conference on 23 April 2024 to discuss my ongoing concerns. Following the conference, the employer provided amended undertakings. A copy of the amended undertakings is attached at Annexure A.  There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2024.  The nominal expiry date of the Agreement is 10 May 2026.

COMMISSIONER

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Annexure A – Undertakings