Astron Plastics Pty Ltd Summary

[2022] FWCA 1433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Astron Plastics Pty Ltd

(AG2022/988)

Astron Plastics Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 28 APRIL 2022

Application for approval of the Astron Plastics Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Astron Plastics Pty Ltd Enterprise Agreement 2021 (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. The Agreement is a single enterprise agreement.

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

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2022. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Astron Plastics Pty Ltd recently sought the Fair Work Commission’s approval of a new Enterprise Agreement. The parties involved were Astron Plastics, the employer, and the United Voice union, representing the employees. The dispute centred on the terms and conditions set forth in the proposed agreement, which the union contested on behalf of its members. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it was fair and reasonable for the employees involved.

The primary legal issues before the Commission were whether the agreement complied with the relevant sections of the Fair Work Act 2009 and whether it was an appropriate framework for the employees. Specifically, the Commission had to assess whether the agreement contained the mandated minimum terms and conditions, and whether it was made in good faith. Additionally, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions for the employees, considering their interests and the economic context.

The Commission found that the agreement complied with the statutory requirements, including the mandated minimum terms and conditions. It was also satisfied that the agreement was made in good faith. The Commission determined that the agreement was fair and reasonable for the employees, taking into account the economic context and the interests of the parties. Consequently, the Commission approved the Enterprise Agreement, which will now form the basis for the terms and conditions of employment for the employees covered by the agreement.

Astron Plastics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established