Prestige Blending Pty Ltd

[2013] FWCA 8327

FAIR WORK COMMISSION

DECISION

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

Prestige Blending Pty Ltd
(AG2013/9525)

PRESTIGE BLENDING ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 OCTOBER 2013

Application for approval of the Prestige Blending Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Prestige Blending Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 31 October 2013. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prestige Blending Pty Ltd applied to the Fair Work Commission for approval of the Prestige Blending Enterprise Agreement 2013. The application was contested by the Transport Workers Union of Australia, the Australian Manufacturing Workers Union, and several individual employees, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement provided for the proper determination of employees' terms and conditions of employment, and whether it had been genuinely agreed to by the parties. The Commission found that the agreement provided for the proper determination of employees' terms and conditions of employment, and that there was evidence of genuine agreement. The Commission approved the agreement, noting that it contained provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, and that there was no evidence of any undue influence or coercion in the negotiation process. The parties were directed to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established