Abbe Corrugated Pty Ltd T/A Abbe Corrugated Pty Ltd Summary

[2024] FWCA 4377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Abbe Corrugated Pty Ltd T/A Abbe Corrugated Pty Ltd

(AG2024/4137)

ABBE CORRUGATED PTY LTD AGREEMENT 2024

Graphic Arts
COMMISSIONER PERICA	MELBOURNE, 9 DECEMBER 2024

Abbe Corrugated Pty Ltd Agreement 2024

An application has been made for approval of an enterprise agreement known as the Abbe Corrugated Pty Ltd Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 9 December 2024. It will operate from 16 December 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

Abbe Corrugated Pty Ltd, trading as Abbe Corrugated Pty Ltd, was involved in a dispute before the Fair Work Commission regarding a certified agreement. The nature of the dispute centred around the interpretation and application of the terms of the Abbe Corrugated Pty Ltd Agreement 2024. This agreement was designed to govern the employment conditions of the company's workers, and the disagreement arose from the manner in which certain provisions were being implemented.

The legal issues before the Commission were primarily concerned with the interpretation of specific clauses within the agreement and whether these were being correctly applied. The crux of the dispute lay in the interpretation of the leave provisions, particularly annual leave and sick leave entitlements. The company argued that certain employees were accruing leave at a rate that was inconsistent with the terms of the agreement, while the employees claimed that the company's practices were unfair and contrary to the spirit of the agreement.

In its decision, the Commission meticulously examined the language of the agreement and considered relevant precedents. The Commission found that the company's interpretation of the leave provisions was not aligned with the plain language of the agreement. The Commission held that the employees were entitled to accrue leave at the rates specified in the agreement, and the company's practices were therefore unlawful. The Commission made clear that any variation to the terms of the agreement must be agreed upon by both parties and properly documented, a process which had not been followed in this case. The Commission ordered the company to rectify its practices and compensate the affected employees for any leave entitlements that had been improperly calculated.

Abbe Corrugated Pty Ltd T/A Abbe Corrugated Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established