DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avery Dennison Materials Pty Ltd
(AG2015/4483)

AVERY DENNISON MATERIALS PTY. LTD., EDINBURGH NORTH, UNION COLLECTIVE AGREEMENT 2015-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Avery Dennison Materials Pty. Ltd., Edinburgh North, Union Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Avery Dennison Materials Pty. Ltd., Edinburgh North, Union Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avery Dennison Materials Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Avery Dennison Materials Pty Ltd., Edinburgh North, Union Collective Agreement 2015-2018, which was brought before the Fair Work Commission. The application was made by the Australian Manufacturing Workers' Union, and it was opposed by the employer, Avery Dennison Materials Pty Ltd. The dispute centred around the terms and conditions outlined in the proposed collective agreement, specifically the pay rates, shift allowances, and overtime provisions.

The key legal issues before the Commission were whether the proposed terms of the collective agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to provide for a safety net of minimum rates of pay and conditions. The employer argued that the proposed terms were not in line with the safety net provisions, particularly regarding the overtime pay rates. The union, on the other hand, contended that the proposed terms provided adequate protections and benefits to the employees.

The Commission found that while the proposed agreement contained provisions that were largely compliant with the Fair Work Act, there were specific terms relating to overtime pay rates that did not meet the safety net requirements. The Commission emphasised the importance of ensuring that employees received a minimum level of protection, particularly in relation to overtime payments. After negotiations and amendments to address the identified issues, the Commission approved the collective agreement with certain modifications to ensure compliance with the safety net provisions.

The Fair Work Commission approved the collective agreement with the modifications made to the overtime pay rates to ensure compliance with the safety net provisions. The approved agreement now provides for a minimum standard of pay and conditions for the employees covered by the agreement, while also addressing the specific concerns raised by the employer regarding the original terms proposed by the union.

Avery Dennison Materials 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