DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Multiwall Bag Co Pty Ltd
(AG2017/3096)

AUSTRALIAN MULTIWALL BAG COMPANY PTY LTD WORKPLACE AGREEMENT 2016

Graphic Arts
COMMISSIONER JOHNS	SYDNEY, 11 OCTOBER 2017

Application for approval of the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2016.

[1] On 26 July 2017, Australian Multiwall Bag Co Pty Ltd (Applicant) made an application for approval of the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 October 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Multiwall Bag Co Pty Ltd sought approval for their Workplace Agreement 2016. The application involved the terms and conditions of employment for workers in the bag manufacturing industry. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative framework and whether it met the requirements for fair and equitable treatment of employees.

The central legal issue before the Commission was whether the proposed agreement adequately addressed the needs of the workers and conformed to the provisions of the Fair Work Act 2009. Key points of contention included the fairness of wage rates, the balance of work conditions, and the overall alignment with the principles of modern awards and enterprise agreements.

After thorough consideration, the Fair Work Commission determined that the proposed agreement was compliant with the statutory requirements. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees, offering fair wages and reasonable working conditions. It concluded that the agreement was in line with the overarching principles of the Fair Work Act 2009 and was therefore approved.

The final orders of the Commission were to approve the Australian Multiwall Bag Company Pty Ltd Workplace Agreement 2016, effective from the date of the decision. The approval was subject to the conditions and terms outlined in the agreement, ensuring compliance with the Fair Work Act 2009 and the protection of employee rights.

Australian Multiwall Bag Co 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