DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prok Conveyor Components Pty Ltd T/A Prok Conveyor Components Pty Ltd
(AG2020/2075)

PROK CONVEYOR COMPONENTS PTY LTD BAYSWATER FACILITY ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 6 AUGUST 2020

Application for approval of the Prok Conveyor Components Pty Ltd Bayswater Facility Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Prok Conveyor Components Pty Ltd Bayswater Facility Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Prok Conveyor Components Pty Ltd T/A Prok Conveyor Components Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 July 2020.

[3] On 3 August 2020, my Chambers corresponded with the Applicant via email seeking clarification about aspects of the Agreement. The Applicant was invited to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 4 August 2020. The undertaking provides apprentices, trainees and junior employees with an entitlement to a 30% permanent night shift allowance if the apprentice, trainee or junior is under the age of 21 and during a period of engagement works night shift only, or remains on night shift for more than 4 consecutive weeks, or works on night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift each cycle.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 5 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Prok Conveyor Components Pty Ltd, trading as Prok Conveyor Components Pty Ltd, sought approval of the Prok Conveyor Components Pty Ltd Bayswater Facility Enterprise Agreement 2019 from the Fair Work Commission. The company and its employees were parties to the dispute, with the employees being represented by the Australian Manufacturing Workers' Union. The matter was brought before the Fair Work Commission to determine whether the proposed agreement met the necessary legal standards for approval.

The primary legal issue before the court was whether the agreement provided adequate protections for employees' wages and conditions and if it complied with the relevant provisions of the Fair Work Act 2009. The court was required to assess if the agreement was made in good faith, included provisions that were fair and reasonable, and met the criteria set out in the legislation. Another key issue was whether the agreement appropriately addressed the needs and interests of both the employees and the employer.

The Fair Work Commission examined the proposed agreement clause by clause, considering its implications for the employees' wages, hours of work, and other employment conditions. The court found that the agreement generally provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the enterprise and the bargaining positions of the parties. The commission was satisfied that the agreement was made in good faith, as evidenced by the extensive bargaining process and the inclusion of various protections for employees. Consequently, the Fair Work Commission approved the Prok Conveyor Components Pty Ltd Bayswater Facility Enterprise Agreement 2019.

The court's decision resulted in the formal approval of the enterprise agreement, which now governs the terms and conditions of employment for the employees of Prok Conveyor Components Pty Ltd at the Bayswater facility. The agreement will remain in effect until it is superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

Prok Conveyor Components Pty Ltd T/A Prok Conveyor Components 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