Astron Plastics Pty Ltd T/A Astron

[2020] FWCA 227

[2020] FWCA 227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Astron Plastics Pty Ltd T/A Astron
(AG2019/4175)

ASTRON PLASTICS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 17 JANUARY 2020

Application for approval of the Astron Plastics Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Astron Plastics Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Astron Plastics Pty Ltd T/A Astron. The Agreement is a single enterprise agreement.

[2] On 5 December 2019, the Employer provided written undertakings to the Fair Work Commission (the Commission).

[3] 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. The undertakings are taken to be a term of the agreement.

[4] In the undertakings, the Applicant advised that employees will be paid in accordance with the rates of pay detailed in the ‘Astron Plastics Enterprise Agreement 2019 Wage Schedule’ (Wage Schedule) filed with the Commission on 1 November 2019 but which does not form part of the Agreement.

[5] The Wage Schedule is publicly available on the Commission’s file should anyone, such as an employee, request access to it.

[6] The rates of pay are not in the Agreement itself, as such I am satisfied that there is no redaction being made to the Agreement which would cause conflict with the decision of AWU v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.

[7] 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 1 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506775  PR715949>

Annexure A