Preformed Line Products (Australia) Pty Ltd Summary

[2024] FWCA 1670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Preformed Line Products (Australia) Pty Ltd

(AG2024/1406)

PREFORMED LINE PRODUCTS (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2024 – 2027

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 6 MAY 2024

Application for approval of the Preformed Line Products (Australia) Pty Ltd Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Preformed Line Products (Australia) Pty Ltd Enterprise Agreement 2024 - 2027 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Preformed Line Products (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Preformed Line Products (Australia) Pty Ltd for approval of an Enterprise Agreement (EA) with its employees for the period 2024-2027. The application was made under section 231 of the Fair Work Act 2009 (Cth). The Commission's task was to ensure that the EA met the criteria for registration as a registered EA under the Act, including that it was not contrary to the principles of the Act and did not have an adverse effect on the bargaining power of the employees.

The key legal issue before the Commission was whether the EA contained any terms that were contrary to the principles of the Act or whether it would have an adverse effect on the bargaining power of the employees. The Commission examined the EA clause by clause to determine if any of the terms were contrary to the principles of the Act. The Commission also considered the bargaining power of the employees and whether the EA would have an adverse effect on it.

The Commission found that the EA met the criteria for registration and did not contain any terms that were contrary to the principles of the Act. The Commission noted that the EA provided for fair and reasonable terms and conditions of employment for the employees and did not have an adverse effect on their bargaining power. The Commission was satisfied that the EA was in the best interests of the employees and the employer and would promote harmonious, productive and cooperative workplace relations.

The Commission approved the EA and ordered that it be registered as a registered EA under the Act. The EA will now be binding on the employer and the employees for the period 2024-2027.

Preformed Line Products (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established