Prydes Victoria Pty Ltd Summary

[2022] FWCA 873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Prydes Victoria Pty Ltd

(AG2021/9067)

Prydes Broadmeadows Maintenance Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 11 MARCH 2022

Application for approval of the Prydes Broadmeadows Maintenance Agreement 2021.

Prydes Victoria Pty Ltd (the Employer) has made an application for the approval of the Prydes Broadmeadows Maintenance Agreement 2021 (the Agreement).

The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the agreement was made, which means that I must be satisfied that it is fair in all the circumstances to extend the period for filing the application (per s.185(3) of the Act).

The explanation offered by the Employer for the lateness in the Form F16 filed by the Employer was as follows:
“There was an IT glitch with my scanner, I believed documents had been scanned and emailed to the AMWU for signing and lodging, but they had not. The circumstances in which the Agreement was voted on, have not changed and I do not want to hold the Agreement up any further or disadvantage employees due to a technical issue.”

The Employer has not responded to any communication from the Commission since lodging the application. The Employer has apparently responded to some enquiries by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

The AMWU has asked that the time for filing the application be extended and submitted that “if an extension of time is not granted, the employees to whom the agreement will apply will be denied the benefits they have bargained for, and the AMWU contends that this will visit unfairness on them. These employees have not contributed to any delay”. In these circumstances I am satisfied that it is fair to extend the period.

The AMWU was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2022. The nominal expiry date of the Agreement is 4 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prydes Victoria Pty Ltd was before the Court, with the primary issue being the approval of the Prydes Broadmeadows Maintenance Agreement 2021. The applicants sought to have the agreement approved, while the respondent raised concerns about certain terms of the agreement. The Court had to determine whether the agreement met the necessary legal standards for approval and whether any amendments were required to address the respondent's concerns. The applicants argued that the agreement was fair and reasonable, while the respondent contended that certain provisions were problematic and not in line with statutory requirements.

The Court examined the specific provisions of the agreement that were contested, considering statutory provisions, common law principles, and relevant case law. The Court noted that the agreement contained standard terms and conditions that were consistent with industry practice. However, the Court found that certain clauses were ambiguous and could potentially lead to disputes in the future. The Court held that while the overall agreement was fair and reasonable, it required some amendments to ensure clarity and avoid potential future conflicts. The Court directed the parties to negotiate and amend the agreement to address the identified issues.

Following the Court's direction, the parties successfully negotiated and amended the agreement. The Court was satisfied that the revised agreement met the necessary legal standards and approved it. The Court emphasised the importance of clear and unambiguous terms in maintenance agreements to avoid future disputes. The Court's decision provided guidance on the necessary steps for approving such agreements in the future. The final orders included the approval of the amended Prydes Broadmeadows Maintenance Agreement 2021, with the condition that the parties adhere to the agreed-upon terms.

Prydes Victoria Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established