DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preformed Line Products (Australia) Pty Limited
(AG2016/3915)

PREFORMED LINE PRODUCTS (AUSTRALIA) PTY. LTD. ENTERPRISE AGREEMENT 2016-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Preformed Line Products (Australia) Pty. Ltd. Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Preformed Line Products (Australia) Pty. Ltd. Enterprise Agreement 2016-2018. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Preformed Line Products (Australia) Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2016. The nominal expiry date of the Agreement is 1 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Preformed Line Products (Australia) Pty Limited, the Fair Work Commission was tasked with determining the approval of an enterprise agreement between the company and its employees. The agreement in question was the Preformed Line Products (Australia) Pty Ltd Enterprise Agreement 2016-2018. The dispute centred around the fairness and compliance of the agreement with the relevant federal workplace laws. The legal issues the court needed to address included whether the agreement provided adequate protections for employees' rights, whether it was free from any coercion or undue influence, and if it met the procedural requirements under the Fair Work Act 2009.

The Commission examined various aspects of the agreement, including the processes followed in its negotiation and the provisions addressing pay, conditions, and dispute resolution mechanisms. The primary focus was on ensuring that the agreement was not only procedurally sound but also substantively fair to all parties involved. The Commission considered submissions from both the employer and the employees' representatives, along with broader economic and industrial considerations. Ultimately, the Court found that the agreement complied with the necessary legal standards and was fair and reasonable, taking into account the unique circumstances of the enterprise and the bargaining power of the parties.

Consequently, the Fair Work Commission approved the Preformed Line Products (Australia) Pty Ltd Enterprise Agreement 2016-2018. The decision was made on the basis that the agreement met the legislative requirements and was fair and reasonable in all respects. This approval ensures that the terms of the agreement will be legally enforceable, providing a framework for the employment relationship between the company and its employees for the specified period.

Preformed Line Products (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established