DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prestons Operations No2 Pty Ltd
(AG2017/51)

PRESTONS OPERATIONS NO2 PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the Prestons Operations No2 Pty Ltd Enterprise Agreement 2016.

[1] On 6 January 2017 Prestons Operations No2 Pty Ltd (Applicant) made an application for approval of the Prestons Operations No2 Pty Ltd Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 March 2017. The nominal expiry date of the Agreement is 7 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Prestons Operations No2 Pty Ltd sought approval of the Prestons Operations No2 Pty Ltd Enterprise Agreement 2016. The dispute involved the application to register the enterprise agreement under the Fair Work Act 2009. The applicants were the employer, Prestons Operations No2 Pty Ltd, and two unions, the Transport Workers Union (NSW) and the Shop, Distributive and Allied Employees Association (SDA). The applicant unions sought to have the agreement registered as a single enterprise agreement for the employees of Prestons Operations No2 Pty Ltd.

The central legal issue before the commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act, including provisions related to the coverage of the agreement, the proper negotiation process, and the terms and conditions within the agreement. Specifically, the commission had to consider whether the agreement was made in good faith and if it contained the necessary terms and conditions as required by the Act.

The commission considered the evidence and submissions from the parties and found that the agreement was made in good faith and that all necessary provisions were included. The commission was satisfied that the agreement had been properly negotiated and that it contained appropriate terms and conditions. The commission approved the registration of the enterprise agreement, finding that it met the requirements of the Fair Work Act.

The commission registered the Prestons Operations No2 Pty Ltd Enterprise Agreement 2016 as a single enterprise agreement for the employees of Prestons Operations No2 Pty Ltd. The agreement was registered on the condition that the employer and the unions provide a copy of the agreement to the Fair Work Commission within five business days of registration.

Prestons Operations No2 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