Prime Water Australia Pty. Ltd.

[2013] FWCA 9584

FAIR WORK COMMISSION

DECISION

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

Prime Water Australia Pty. Ltd.
(AG2013/11452)

PRIME WATER AUSTRALIA PTY. LTD. NON-SALARIED EMPLOYEE COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 DECEMBER 2013

Application for approval of the Prime Water Australia Pty. Ltd. Non-Salaried Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Prime Water Australia Pty. Ltd. Non-Salaried Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Prime Water Australia Pty. Ltd. The agreement is a single enterprise agreement.

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

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

[4] On 30 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 December 2013. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Prime Water Australia Pty. Ltd. Non-Salaried Employee Collective Agreement 2013. The applicant, Prime Water Australia Pty. Ltd., sought the approval of the agreement to ensure it met the requirements under the Fair Work Act 2009. The dispute arose as the applicant needed to formalise the terms and conditions of employment for its non-salaried employees through this agreement.

The primary legal issue before the court was whether the proposed collective agreement complied with the provisions of the Fair Work Act. Specifically, the court had to consider if the agreement was in accordance with the requirements for good faith bargaining, whether it covered the permissible subjects, and if it provided adequate protections for the employees. Additionally, the court needed to ensure that the agreement did not contravene any existing industrial instruments or legislation.

In evaluating the application, the court examined the negotiation process and the content of the agreement. It found that the agreement had been negotiated in good faith and that it covered permissible subjects without breaching any legislative provisions. The court determined that the agreement provided adequate protections for the employees and did not conflict with any existing industrial instruments. Consequently, the court approved the application, deeming the agreement to be fair and compliant with the requirements of the Fair Work Act.

The final order of the court was to approve the Prime Water Australia Pty. Ltd. Non-Salaried Employee Collective Agreement 2013, effective from the date of the decision. The approval was contingent on the agreement being registered with the Fair Work Commission, which would then confer upon it the legal status of a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established