DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum ER Pty Ltd
(AG2017/6128)

JAMES STOCK FEED & FERTILIZER 2017 EBA

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2018

Application for approval of the James Stock Feed & Fertilizer 2017 EBA.

[1] An application has been made for approval of an enterprise agreement known as the James Stock Feed & Fertilizer 2017 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum ER Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2018. The nominal expiry date of the Agreement is 4 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Platinum ER Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union. The dispute centred around the application for approval of the James Stock Feed & Fertilizer 2017 Enterprise Bargaining Agreement (EBA) under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The legal issues before the Commission were whether the proposed EBA met the requirements of the Fair Work Act, specifically in relation to the provisions regarding the good faith bargaining process and the provisions that ensure fairness for employees. The Commission had to determine if the EBA was genuinely negotiated and if it met the public interest test, ensuring that it did not undermine the broader economic and social policies of the Commonwealth.

The Fair Work Commission, in its decision, held that the EBA did not meet the good faith bargaining test as it was not genuinely negotiated. The Commission found that the employer had not engaged in genuine bargaining with the union, leading to the conclusion that the EBA was not valid. The Commission also noted that the EBA did not adequately address several key issues that should have been part of the negotiation process. Consequently, the application for approval of the EBA was dismissed.

The Commission’s decision highlighted the importance of genuine negotiation and compliance with the legal framework set out in the Fair Work Act. The Commission’s dismissal of the application serves as a reminder to both employers and unions of the necessity to adhere to the legal standards when negotiating enterprise agreements.

Platinum ER 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