DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abbe Corrugated Pty Ltd
(AG2018/7344)

ABBE CORRUGATED PTY LTD AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Abbe Corrugated Pty Ltd Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Abbe Corrugated Pty Ltd Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abbe Corrugated 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.

[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] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Abbe Corrugated Pty Ltd, applied for the approval of an enterprise agreement which would cover employees working in various locations in Victoria and New South Wales. The respondent, the Transport Workers Union, opposed the application on the grounds that it was not a genuine enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained only matters that were genuinely related to the enterprise. The applicant argued that the agreement had been genuinely negotiated and that all matters were genuinely related to the enterprise. The respondent argued that the agreement had not been genuinely negotiated and that some matters were not genuinely related to the enterprise.

The Commission found that the agreement had been genuinely negotiated and that all matters were genuinely related to the enterprise. The Commission rejected the respondent's arguments and found that the applicant had met all necessary criteria for approval. The agreement was approved by the Commission.

The Fair Work Commission approved the Abbe Corrugated Pty Ltd Agreement 2018. The Commission found that the agreement was genuinely negotiated and that all matters were genuinely related to the enterprise. The respondent's arguments were rejected, and the applicant's application for approval was granted.

Abbe Corrugated 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