Preformed Line Products (Australia) Pty Limited

[2021] FWCA 5925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preformed Line Products (Australia) Pty Limited
(AG2021/7357)

PREFORMED LINE PRODUCTS (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 SEPTEMBER 2021

Application for approval of the Preformed Line Products (Australia) Pty Ltd Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Preformed Line Products (Australia) Pty Ltd Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Preformed Line Products (Australia) Pty Limited for the approval of their Enterprise Agreement for the period 2021-2024. The company sought to have the agreement, which was negotiated between the employer and the relevant employee representatives, approved and registered under the Fair Work Act 2009. The dispute centred on the terms and conditions set out in the proposed agreement, which were contested by certain employee representatives on the basis that they were not sufficiently fair and reasonable.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the criteria for approval under section 231 of the Fair Work Act. This required a determination of whether the agreement was procedurally and substantively fair and reasonable. Procedurally, the Commission needed to consider whether the agreement had been made in good faith and followed the necessary processes as stipulated by the Act. Substantively, the Commission had to examine the terms of the agreement to ensure they did not unjustifiably disadvantage employees.

The Commission found that the negotiation process had been conducted in good faith and that all necessary procedural requirements had been met. It further determined that the substantive terms of the agreement were fair and reasonable. The Commission took into account the broader economic context, the bargaining positions of the parties, and the balance of interests between the employer and the employees. It concluded that the proposed agreement provided a fair and reasonable outcome for all parties, taking into consideration the need for flexibility and sustainability within the industry.

As a result, the Fair Work Commission approved the Enterprise Agreement, which was then registered under the Fair Work Act. The decision was made in the interest of promoting cooperative and constructive industrial relations, while ensuring that the agreement met the legislative standards for fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established