PZ Cussons Australia Pty Ltd Summary

[2014] FWCA 3454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PZ Cussons Australia Pty Ltd
(AG2014/1127)

PZ CUSSONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 MAY 2014

Application for approval of the PZ Cussons Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the PZ Cussons Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by PZ Cussons Australia Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A), Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix A.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 2 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

PZ Cussons Australia Pty Ltd applied to the Fair Work Commission for the approval of the 2014 Enterprise Agreement. The dispute centred around the terms and conditions of employment for employees under the agreement and whether they met the statutory requirements for approval. The Fair Work Commission was tasked with determining whether the agreement was in compliance with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable rate of pay, included appropriate provisions for employee entitlements, and adhered to the requirements for good faith bargaining. The Commission also needed to consider whether the agreement met the criteria for being a "single interest" enterprise agreement and whether the process for reaching the agreement was compliant with the Act.

In delivering its decision, the Commission found that the agreement was broadly consistent with the principles of the Fair Work Act. It provided for a fair and reasonable rate of pay and contained appropriate provisions for employee entitlements. The Commission noted that while there were some areas of concern, they did not reach a level that would invalidate the agreement. The process for reaching the agreement was found to be in good faith and compliant with the statutory requirements.

The Commission approved the PZ Cussons Australia Pty Ltd Enterprise Agreement 2014, subject to certain conditions. These conditions included the requirement for the employer to provide additional documentation regarding certain aspects of the agreement within a specified timeframe. The Commission's decision was based on a balance between the need to ensure fair and reasonable terms for employees and the importance of maintaining a cooperative and constructive relationship between employers and employees.

PZ Cussons Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established