DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prysmian Australia Pty Ltd
(AG2019/4911)

PRYSMIAN AUSTRALIA PTY LTD (LIVERPOOL) UNION COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the Prysmian Australia Pty Ltd (Liverpool) Union Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Prysmian Australia Pty Ltd (Liverpool) Union Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prysmian Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, United Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 6 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Prysmian Australia Pty Ltd (Liverpool) Union Collective Agreement 2019, the Fair Work Commission was presented with the terms of the agreement between the employer and the union. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees and the employer.

The legal issues before the Fair Work Commission involved the examination of the collective agreement to ensure it met the criteria for approval under the Fair Work Act. The Commission had to assess whether the agreement contained provisions that were consistent with the legislative framework, particularly in relation to minimum entitlements, workplace rights, and procedural fairness. Additionally, the Commission considered whether the agreement was made in good faith and whether it would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the agreement was generally consistent with the requirements of the Fair Work Act. The Commission highlighted that the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net minimum terms and conditions. Furthermore, the Commission noted that the agreement contained provisions for dispute resolution and procedural fairness, which aligned with the legislative intent to facilitate cooperative workplace relations. After careful consideration, the Commission concluded that the agreement was in the best interests of the employees and the employer, and approved the collective agreement.

The Fair Work Commission approved the Prysmian Australia Pty Ltd (Liverpool) Union Collective Agreement 2019, recognising its compliance with the Fair Work Act and its benefits for both parties. The decision underscores the importance of collective agreements in fostering cooperative and productive workplace relationships while ensuring that employees' rights and entitlements are protected.

Prysmian Australia 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