DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prysmian Australia Pty Ltd
(AG2019/2062)

PRYSMIAN AUSTRALIA PTY LTD UNION COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Prysmian Australia Pty Ltd 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 National Union of Workers, Electrical Trades Union and “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 4 July 2019. The nominal expiry date of the Agreement is 26 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Electrical Trades Union of Australia against Prysmian Australia Pty Ltd for approval of the Prysmian Australia Pty Ltd Union Collective Agreement 2019. The Electrical Trades Union of Australia sought to have the agreement approved as a registered union collective agreement under the Fair Work Act 2009. Prysmian Australia Pty Ltd opposed the application, arguing that the agreement did not meet the statutory requirements for registration.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements for registration as a union collective agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, whether it was properly negotiated, and if it complied with the provisions of the Act concerning the rights and obligations of employers and employees. Additionally, the Commission had to consider whether the agreement contained provisions that were inconsistent with the protections afforded by the Act.

The Commission found that the agreement was made in good faith and was properly negotiated between the parties. It determined that the agreement met all the procedural requirements for registration, including the provision of requisite notices and the opportunity for other interested parties to make submissions. The Commission also held that the substantive provisions of the agreement did not contravene the Act and provided adequate protections for both employers and employees. Consequently, the Commission approved the application for registration of the Prysmian Australia Pty Ltd Union Collective Agreement 2019.

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