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

Annexure A

CaseChat Overview and Summary

Astron Plastics Pty Ltd T/A Astron applied to the Fair Work Commission for the approval of the Astron Plastics Enterprise Agreement 2019. The application arose from negotiations between the applicant and the employees' representative, United Voice. The dispute centred on the terms of the proposed enterprise agreement, including pay rates, conditions, and other employment-related matters. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the fair and equitable treatment of employees, and whether it complied with the statutory obligations set out in the Fair Work Act. This included determining if the agreement contained all mandatory terms and conditions, and whether it was negotiated in good faith. Additionally, the Commission had to consider if the agreement promoted harmonious, productive, and cooperative workplace relations.

In its decision, the Fair Work Commission found that the proposed enterprise agreement largely met the statutory requirements. It noted that the agreement contained all necessary mandatory terms and conditions and that the negotiation process appeared to have been conducted in good faith. The Commission also found that the agreement was likely to promote harmonious, productive, and cooperative workplace relations. Based on these findings, the Commission approved the Astron Plastics Enterprise Agreement 2019, subject to the specific terms and conditions outlined in the agreement.

The Commission made orders approving the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions of the employees covered by the agreement until its expiry or until a new agreement was approved.

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