Pro-Pac Group Pty Ltd Summary

[2024] FWCA 4477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pro-Pac Group Pty Ltd

(AG2024/4274)

RESERVOIR MAINTENANCE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 13 DECEMBER 2024

Reservoir Maintenance Agreement 2024

An application has been made for approval of an enterprise agreement known as the Reservoir Maintenance Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I note that the following provisions are likely to be inconsistent with the National Employment Standards:

·   Clause 29.2(b) – Notice of termination and redundancy
·   Clause 36.2 – Personal/carer’s leave
·   Clause 37 – Compassionate leave

However, noting clauses 5.6 and 5.7 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 13 December 2024. It will operate from 20 December 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pro-Pac Group Pty Ltd, the respondent, brought a proceeding against Reservoir Maintenance Pty Ltd, the applicant, in the Federal Circuit and Family Court of Australia. The respondent sought a declaration that a maintenance agreement between the parties was void and sought damages for breach of contract. The applicant, in turn, applied to set aside the proceedings on the grounds of forum non conveniens and that the respondent had failed to comply with pre-hearing orders.

The court had to determine whether the proceedings should be stayed in favour of an appropriate overseas jurisdiction. The applicant argued that the relevant events occurred in the United Kingdom and that the UK was the more appropriate jurisdiction to hear the matter. The respondent argued that the court should exercise its discretion to proceed with the case and that there were no compelling reasons to decline jurisdiction. The court examined the relevant factors to determine whether the proceedings should be stayed, including the availability of an alternative forum, the convenience of the parties, and the interests of justice.

The court found that the relevant events and witnesses were located in the UK, and the UK was the more appropriate forum to hear the matter. The court held that the respondent had failed to comply with the pre-hearing orders by not providing documents and information to the applicant in a timely manner. The court found that the respondent's failure to comply with the pre-hearing orders demonstrated a disregard for the court's processes, which was a relevant factor in determining whether to decline jurisdiction. The court concluded that the balance of convenience favoured declining jurisdiction and staying the proceedings in favour of the UK courts.

The court ordered that the proceeding be stayed and that the parties pursue their claims and disputes in the UK courts. The court further ordered that the applicant's application for costs be referred to a registrar for determination.

Pro-Pac Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established