DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PQ Australia Pty Ltd T/A PQ Australia
(AG2016/5676)

PQ AUSTRALIA / AWU ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the PQ Australia / AWU Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the PQ Australia / AWU Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PQ Australia Pty Ltd T/A PQ Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 October 2016 and, in accordance with s.54, will operate from 28 October 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of PQ Australia Pty Ltd, trading as PQ Australia, the Fair Work Commission was tasked with considering the application for the approval of the PQ Australia / AWU Enterprise Agreement 2015-2017. The dispute arose from negotiations between the employer and the Australian Workers' Union (AWU) concerning the terms and conditions of employment for employees within the company. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement complied with the various provisions of the Act, including provisions pertaining to good faith bargaining, coverage, and the rights of employees to be free from adverse action. The Commission also had to consider whether the agreement provided for appropriate minimum entitlements, as well as whether the process through which the agreement was reached was fair and in good faith. Furthermore, the Commission examined if the agreement contained any provisions that were contrary to public policy or were otherwise unenforceable.

Upon review, the Fair Work Commission found that the PQ Australia / AWU Enterprise Agreement 2015-2017 met the necessary requirements for approval. The Commission determined that the agreement was the product of good faith negotiations and contained provisions that were fair and reasonable. The Commission concluded that the agreement did not contravene any statutory provisions and provided for appropriate minimum entitlements. Consequently, the Commission approved the agreement, noting its compliance with the relevant legislative framework.

The Fair Work Commission approved the PQ Australia / AWU Enterprise Agreement 2015-2017, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the duration specified, subject to the parties' rights and obligations under the Fair Work Act 2009.

PQ Australia Pty Ltd T/A PQ Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established