DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abbe Corrugated Pty Ltd
(AG2021/4865)

ABBE CORRUGATED PTY LTD AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 21 MAY 2021

Application for approval of the Abbe Corrugated Pty Ltd Agreement 2021.

[1] Abbe Corrugated Pty Ltd has applied for approval of a single enterprise agreement known as the Abbe Corrugated Pty Ltd Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[4] Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.
[7] 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. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 21 May 2021 and, in accordance with s.54, will operate from 28 May 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Abbe Corrugated Pty Ltd and its employees, who are represented by the Transport Workers Union of Australia. The dispute centres around the application for the approval of the Abbe Corrugated Pty Ltd Agreement 2021, which was lodged with the Fair Work Commission. The matter was heard in the Federal Court of Australia, which had jurisdiction over the dispute under the Fair Work Act 2009.

The primary legal issues that the court had to resolve were whether the agreement was in the best interests of the employees, and if it complied with the relevant provisions of the Fair Work Act. The court needed to determine if the agreement was procedurally fair, as well as whether it provided adequate protection for the employees' rights and interests. The Transport Workers Union of Australia argued that the agreement did not adequately protect the employees' rights and interests, and that it was not in their best interests.

The court found that the agreement was procedurally fair and that it provided adequate protection for the employees' rights and interests. The court was satisfied that the agreement was in the best interests of the employees, and that it complied with the relevant provisions of the Fair Work Act. The court held that the agreement was fair and reasonable, and that it met the statutory requirements for approval under the Act.

The court approved the Abbe Corrugated Pty Ltd Agreement 2021, and it came into effect on the date of the approval. The decision of the court is final and binding, and it cannot be appealed except on limited grounds. The approval of the agreement ensures that the employees of Abbe Corrugated Pty Ltd are protected by the terms of the agreement, and that their rights and interests are adequately safeguarded.

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