DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABBE Corrugated Pty Ltd
(AG2015/7183)

ABBE CORRUGATED PTY LTD AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the Abbe Corrugated Pty Ltd Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Abbe Corrugated Pty Ltd Agreement 2015 (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 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.

[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] A request was made by ABBE Corrugated Pty Ltd that the rates of pay as specified at Appendix 1 of the Agreement remain confidential and not be published. I accept the request and determine that the wage rates are to be treated as confidential and not published. The wage rates provided at Appendix 1 of the Agreement have been removed.

[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 18 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ABBE Corrugated Pty Ltd was the subject of an application before the Fair Work Commission for approval of an enterprise agreement. The applicant, ABBE Corrugated Pty Ltd, sought to have the Abbe Corrugated Pty Ltd Agreement 2015 approved under the Fair Work Act 2009. The dispute primarily concerned the terms and conditions of employment for the workers, particularly in relation to the classification and payment of overtime. The workers, represented by the relevant union, objected to certain provisions of the proposed agreement, arguing that they were unfair and did not meet the requirements of the Fair Work Act.

The key legal issues before the Commission were whether the proposed agreement was a "better off overall test" agreement and whether it complied with the procedural requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were no less favourable than the relevant awards or previous agreements, and whether it had been negotiated in good faith. Additionally, the Commission needed to consider if the agreement contained terms that were outside the scope of the agreement and whether the application process was properly followed.

The Commission found that the proposed agreement did meet the "better off overall test" and was negotiated in good faith. It held that the agreement provided for terms and conditions that were at least as favourable as those provided for in the relevant awards. The Commission also found that the application process was properly followed and that there were no procedural defects that would invalidate the agreement. The Commission approved the agreement, finding that it was fair and met all the legal requirements under the Fair Work Act.

In approving the agreement, the Commission issued a certificate that the agreement was to be registered and in force from the date of the decision. The agreement, now approved, sets out the terms and conditions of employment for the workers, including provisions for classification, payment, and other employment-related matters. The workers and ABBE Corrugated Pty Ltd are bound by the terms of the agreement until it is terminated or replaced by a new agreement.

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