DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Astron Plastics Pty Ltd
(AG2015/2416)

ASTRON PLASTICS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 APRIL 2015

Application for approval of the Astron Plastics Pty Ltd and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Astron Plastics Pty Ltd and National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Astron Plastics Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to clauses 22.5(b) and 40.1.3 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 28 April 2015. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involves an application for the approval of the Astron Plastics Pty Ltd and National Union of Workers Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which has the jurisdiction to approve and register enterprise agreements under the Fair Work Act 2009. The primary dispute centred on whether the enterprise agreement complied with the requirements of the Act and whether it met the "better off overall test," which mandates that the agreement must provide employees with benefits that are at least as good as those provided by the relevant industrial instrument.

The Fair Work Commission was tasked with determining whether the agreement adequately fulfilled the statutory prerequisites for approval, including the mandatory provisions outlined in the Act. This involved assessing whether the agreement included the necessary minimum entitlements such as minimum wages, penalty rates, maximum weekly hours, and other employment conditions. The Commission also had to evaluate if the agreement satisfied the "better off overall test," ensuring that employees were not disadvantaged by the terms of the agreement compared to their previous industrial award or agreement.

Upon reviewing the enterprise agreement, the Fair Work Commission concluded that it complied with the statutory requirements and met the "better off overall test." The Commission found that the agreement provided employees with conditions that were at least as favourable as those provided under the applicable industrial instrument. Consequently, the Commission approved the agreement, finding it to be fair and meeting the legislative criteria for registration.

The Fair Work Commission ordered the approval and registration of the Astron Plastics Pty Ltd and National Union of Workers Enterprise Agreement 2014, effective from the date of the decision. This approval allows the agreement to be used as the governing instrument for the employment conditions of the employees covered by the agreement, replacing the previous industrial award or any existing enterprise agreement.

Astron Plastics 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