Plasvacc Pty Ltd T/A Plasvacc Summary

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Plasvacc Pty Ltd, trading as Plasvacc, was before the Fair Work Commission in an application seeking approval of the Plasvacc Pty Ltd Enterprise Agreement 2023. The enterprise agreement was a result of negotiations between Plasvacc and its employees, and the parties sought the Commission's approval as mandated by the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal standards for enterprise agreements and if it was fair and reasonable.

The key legal issues before the Commission involved the compliance of the agreement with the Fair Work Act and the fairness of the agreement's terms. The Commission had to assess whether the agreement included all mandated bargaining items, if it contained appropriate dispute resolution mechanisms, and whether it adhered to the good faith bargaining principle. Additionally, the Commission needed to ensure that the agreement did not undermine the minimum entitlements of employees as provided by the National Employment Standards and the Fair Work Act.

The Commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith, covered all mandated bargaining items, and included appropriate dispute resolution processes. The Commission determined that the agreement was fair and reasonable, providing for appropriate terms and conditions of employment while maintaining the minimum entitlements of employees. Consequently, the Commission approved the agreement, confirming its compliance with the legal requirements and its fairness.

The final orders of the Commission were that the Plasvacc Pty Ltd Enterprise Agreement 2023 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement would govern the terms and conditions of employment for the employees covered by the agreement, subject to the rights and obligations outlined in the Fair Work Act and the National Employment Standards.

Plasvacc Pty Ltd T/A Plasvacc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established