DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PZ Cussons Australia Pty Ltd
(AG2019/3878)

PZ CUSSONS FIVE:AM LIFE PRODUCTION AND WAREHOUSE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 31 OCTOBER 2019

Application for approval of the PZ Cussons Five:am Life Production and Warehouse Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the PZ Cussons Five:am Life Production and Warehouse 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 PZ Cussons Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] The National Union of Workers 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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• • Clause 30.6.5 - Payment of Annual Leave on Termination.

• • Clause 31 - Personal Leave.

However, noting clause 3.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2019. The nominal expiry date of the Agreement is 1 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, PZ Cussons Australia Pty Ltd, sought approval for a new enterprise agreement, the PZ Cussons Five:am Life Production and Warehouse Agreement 2019, from the Fair Work Commission. The agreement was intended to cover workers in the production and warehouse sectors at PZ Cussons Australia. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. Specifically, the Commission had to ensure that the agreement was made in good faith, provided for a genuine enterprise bargaining, and did not undermine the protections afforded to employees by the safety net of minimum terms and conditions. Additionally, the Commission had to assess whether the agreement adequately covered the relevant employees and whether it provided for adequate mechanisms for resolving disputes.

The Fair Work Commission found that the agreement met the criteria for approval. It concluded that the agreement was made in good faith, that it provided for a genuine enterprise bargaining process, and that it did not undermine the safety net of minimum terms and conditions. The Commission also determined that the agreement adequately covered the relevant employees and provided for effective mechanisms for resolving disputes. Based on these findings, the Commission approved the agreement, allowing it to come into effect.

The Fair Work Commission approved the PZ Cussons Five:am Life Production and Warehouse Agreement 2019, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the relevant workers in the production and warehouse sectors at PZ Cussons Australia.

PZ Cussons 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