DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prysmian Australia Pty Ltd
(AG2015/620)

PRYSMIAN AUSTRALIA PTY LTD UNION COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 APRIL 2015

Application for approval of the Prysmian Australia Pty Ltd Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Prysmian Australia Pty Ltd Union Collective Agreement 2015 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 26 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Prysmian Australia Pty Ltd Union Collective Agreement 2015. The applicant, the Australian Manufacturing Workers' Union, sought approval of the agreement under the Fair Work Act 2009. Prysmian Australia Pty Ltd, the employer, did not oppose the application. The agreement sought to regulate the employment terms and conditions of employees within the Prysmian Australia Pty Ltd business.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act. This included ensuring the agreement met the requirements for a registered union agreement, that it did not contain prohibited content, and that it was made in good faith and without coercion. The Commission considered whether the agreement provided for fair and efficient workplace practices and whether it complied with the process requirements set out in the Act.

The Commission found that the agreement complied with all statutory requirements. It confirmed that the agreement was made by a registered union and an employer, and that it was not contrary to public policy or prohibited by the Act. The agreement was deemed to be free from any content that would render it unlawful and was found to have been made in good faith without any element of coercion. The Commission also concluded that the agreement was likely to achieve a fair and efficient workplace, and that the process by which it was made was compliant with the Act.

The Commission approved the Prysmian Australia Pty Ltd Union Collective Agreement 2015, registering it under the Fair Work Act. The approval was effective from the date of the decision, ensuring that the terms of the agreement were legally binding on the parties involved. This decision provided clarity on the enforceability of the agreement and established its validity as a collective bargaining instrument.

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