DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Astron Plastics Pty Ltd T/A Astron
(AG2018/6907)

ASTRON PLASTICS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Astron Plastics Pty Ltd and National Union of Workers Enterprise Agreement 2018.

[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 2018 (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] The Employer has provided written undertakings. 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.

[3] 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.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Astron Plastics Pty Ltd, trading as Astron, applied to the Fair Work Commission for approval of the Astron Plastics Pty Ltd and National Union of Workers Enterprise Agreement 2018. The National Union of Workers contested the application, raising concerns about the fairness and compliance of the agreement with the Fair Work Act 2009. The central legal issues before the Commission were whether the enterprise agreement adequately addressed the terms and conditions of employment for the employees and if it met the requirements of the Fair Work Act, including the process by which it was negotiated and the fairness of its provisions.

The Commission began by examining the process through which the agreement was negotiated, ensuring that it adhered to the procedural fairness standards set out in the Fair Work Act. The Commission found that the agreement was negotiated in good faith and that the process was transparent and inclusive. Turning to the substantive provisions of the agreement, the Commission evaluated the terms and conditions of employment, including wages, hours of work, leave entitlements, and other benefits. The Commission noted that the agreement provided for reasonable and fair terms that aligned with the industry standards and practices. The Commission also assessed whether the agreement contained any provisions that were contrary to the public interest or that would undermine the rights of employees. Finding no such issues, the Commission concluded that the agreement was fair and compliant with the requirements of the Fair Work Act.

Having found the agreement to be fair and properly negotiated, the Commission approved the Astron Plastics Pty Ltd and National Union of Workers Enterprise Agreement 2018. The decision affirmed that the agreement was a bona fide enterprise agreement within the meaning of the Fair Work Act, and it would now regulate the terms and conditions of employment for the relevant employees. The Commission's decision was made in the context of its duty to ensure that enterprise agreements are fair and promote the harmonious, productive and economic development of industrial relations. The approval of this agreement reflects the Commission's role in balancing the interests of employers and employees while upholding the principles of the Fair Work Act.

Astron Plastics Pty Ltd T/A Astron

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established