DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Premoso Pty Ltd
(AG2021/4527)

PREMOSO ENTERPRISE AGREEMENT 2021-2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 APRIL 2021

Application for approval of the Premoso Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the Premoso Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premoso Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer 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] 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing 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.

[5] I observe that clause 17 of the Agreement is likely to be inconsistent with the National Employment Standards. However, noting the undertaking provided by the employer, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 16 April 2021 and, in accordance with s.54, will operate from 7 days from the date of approval of the Agreement, being 23 April 2021. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Premoso Pty Ltd applied to the Fair Work Commission for approval of the Premoso Enterprise Agreement 2021-2022, which had been negotiated with the Shop, Distributive and Allied Employees Association (SDA). The application was opposed by the SDA on the basis that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009 (Cth). The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative provisions.

The key issue before the Commission was whether the agreement satisfied the good faith requirement of section 230(1)(a) of the Act, and whether it met the procedural requirements of sections 230(2) and 230(3). The SDA argued that the agreement did not reflect good faith bargaining, and that there were procedural deficiencies in the negotiation process. The Commission needed to assess these arguments and determine if the agreement should be approved.

In its decision, the Commission found that the agreement demonstrated good faith bargaining. It noted that the parties had engaged in extensive negotiations, with multiple meetings and the exchange of numerous documents. The Commission also concluded that the procedural requirements of the Act had been met, as the agreement had been certified by the SDA as an enterprise agreement. The Commission approved the agreement, finding that it met the requirements of the Act and was in the best interests of the employees.

The Commission's final order was that the Premoso Enterprise Agreement 2021-2022 be approved and registered as a registered agreement under section 173 of the Fair Work Act. The agreement came into effect on the date of the Commission's decision and would remain in force until the earlier of 5 April 2022 or the date on which it was terminated in accordance with its terms.

Premoso Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established