The Product Makers (Australia) Pty Ltd Summary

[2018] FWCA 750

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Product Makers (Australia) Pty Ltd

(AG2017/6438)

The Product Makers (Australia) Pty Ltd Enterprise Agreement 2017 - 2020

Food, beverages and tobacco manufacturing industry
Deputy President Colman	MELBOURNE, 5 FEBRUARY 2018

Application for approval of The Product Makers (Australia) Pty Ltd Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the The Product Makers (Australia) Pty Ltd Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Product Makers (Australia) Pty Ltd. The agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 5 February 2018 and, in accordance with s.54, will operate from 12 February 2018. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Product Makers (Australia) Pty Ltd, represented by its directors, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was to cover a period from 2017 to 2020 and was intended to establish the terms and conditions of employment for the company's employees. The application was made under the Fair Work Act 2009, and the proceedings were heard by the Fair Work Commission.

The legal issues before the court involved whether the proposed agreement met the requirements of the Fair Work Act, including whether it contained the minimum entitlements mandated by the Act and whether it had been fairly negotiated. The court also needed to determine if the agreement met the "better off overall test" (BOOT), ensuring that employees were not worse off financially by being subject to the terms of the agreement.

The court considered the evidence presented regarding the negotiation process, the content of the agreement, and the financial implications for employees. It examined whether the agreement provided adequate protections and benefits for employees and whether it complied with the statutory requirements. After reviewing the submissions and evidence, the court found that the proposed agreement met all the necessary criteria. It was approved on the condition that certain minor amendments were made to address some minor deficiencies identified during the review process.

The final orders of the court included the approval of the enterprise agreement with the specified amendments. The agreement was to be certified and registered with the Fair Work Commission, effective from the date of the decision. This outcome allowed The Product Makers (Australia) Pty Ltd to implement the agreed terms and conditions for its employees, subject to the conditions and amendments specified by the court.

The Product Makers (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