DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PQ Australia Pty Ltd
(AG2020/3618)

PQ AUSTRALIA & AWU ENTERPRISE AGREEMENT 2020 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 DECEMBER 2020

Application for approval of the PQ Australia & AWU Enterprise Agreement 2020 - 2021.

[1] PQ Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the PQ Australia & AWU Enterprise Agreement 2020 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, and the additional information provided by the Employer, 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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 December 2020 and, in accordance with s 54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, PQ Australia Pty Ltd, sought approval of an enterprise agreement between the company and the Australian Workers’ Union (AWU). The matter was heard in the Fair Work Commission, which is responsible for the approval and registration of enterprise agreements in Australia. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately balanced the interests of the employer and employees.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it contained all the necessary provisions as per the Fair Work Act, and whether it provided for a fair and reasonable resolution of the employees' terms and conditions of employment. A key point of contention was whether the agreement appropriately addressed the rights of part-time and casual employees, particularly in relation to their access to benefits and entitlements.

The Commission found that the agreement was genuinely an enterprise agreement and contained all the necessary provisions as required by the Fair Work Act. It determined that the agreement was fair and reasonable, providing for the appropriate balance of the employer’s and employees' interests. The Commission was satisfied that the agreement appropriately addressed the rights of part-time and casual employees, ensuring they had fair access to benefits and entitlements. Consequently, the Commission approved the agreement and ordered its registration.

In summary, the Fair Work Commission approved the PQ Australia & AWU Enterprise Agreement 2020 - 2021, finding it to be compliant with the Fair Work Act and fair and reasonable in its terms and conditions of employment.

PQ 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