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[2013] FWCA 10119

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardagh Group
(AG2013/10496)

ARDAGH GROUP FOOD CANS KYABRAM PLANT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Ardagh Group Food Cans Kyabram Plant Enterprise Agreement 2013.

[1] The Decision [[2013] FWCA 10119 [PR546214]] issued by the Fair Work Commission on 20 December 2013 is corrected as follows:

1. The words “, the Australian Rail Tram and Bus Industry Union (ARTBIU)” have been deleted from paragraph [4].

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, Ardagh Group, sought approval of an enterprise agreement for its Food Cans Kyabram Plant. The respondent, United Voice, represented the employees and objected to the approval of certain provisions. The Fair Work Commission heard the matter and was required to determine whether the provisions in question were procedurally and substantively valid.

The primary legal issue was whether the agreement's consultation process complied with the requirements set out in the Fair Work Act. The Commission needed to assess if the applicant had fulfilled its obligations to consult with the respondent and its members genuinely and in good faith. The second issue was whether the provisions in question were fair and reasonable in all aspects.

The Fair Work Commission found that the applicant had not adequately demonstrated that it had consulted genuinely and in good faith with the respondent. The Commission noted that the applicant had failed to provide sufficient evidence of the consultation process, and the process itself did not allow for meaningful input from the respondent. As a result, the Commission concluded that the consultation process was not compliant with the Act. Furthermore, the Commission found that certain provisions were unfair and unreasonable, particularly those related to the employees' entitlements and protections.

The Fair Work Commission did not approve the enterprise agreement due to the failure of the applicant to demonstrate genuine and good faith consultation and the unreasonableness of some provisions. The Commission directed the parties to further consult and negotiate to address the issues and resubmit the agreement for approval. The applicant was ordered to provide detailed evidence of the consultation process and make necessary amendments to the agreement to ensure fairness and reasonableness.

Ardagh Group

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