Preformed Line Products (Aust) Pty Ltd

[2014] FWCA 8057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preformed Line Products (Aust) Pty Ltd
(AG2014/7772)

PREFORMED LINE PRODUCTS (AUSTRALIA) PTY. LTD. ENTERPRISE AGREEMENT 2014-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2014

Application for approval of the Preformed Line Products (Australia) Pty. Ltd. Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Preformed Line Products (Australia) Pty. Ltd. Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Preformed Line Products (Aust) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 28 November 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Preformed Line Products (Aust) Pty Ltd for the approval of the Enterprise Agreement 2014-2015. The application was heard in the Fair Work Commission, where the primary dispute centred on the terms of the proposed agreement, specifically those relating to penalty rates for employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms, particularly in relation to penalty rates, and whether it complied with the procedural requirements set forth in the Act. The employer argued that the agreement was fair and reasonable and met all legislative requirements, while the union representing the employees contended that certain provisions were unfair and did not adequately protect employee rights.

In its decision, the Commission found that the agreement generally provided for fair and reasonable terms, taking into account the nature of the work and the employer's business. However, the Commission also found that certain provisions relating to penalty rates were unfair as they did not adequately compensate employees for the inconvenience and disruption caused by shift work. The Commission ultimately approved the agreement with modifications to the penalty rate provisions to ensure they met the requirements of the Act.

The Fair Work Commission approved the Enterprise Agreement 2014-2015 with modifications to the penalty rate provisions, ensuring they met the requirements of the Fair Work Act 2009. The modifications included specific changes to the penalty rates to provide adequate compensation for shift work inconvenience and disruption. The agreement, as modified, was deemed to provide for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established