DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berry Plastics (Australia) Pty Ltd
(AG2014/10222)

BERRY PLASTICS (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2014

Rubber, plastic and cable making industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the Berry Plastics (Australia) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Berry Plastics (Australia) Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berry Plastics (Australia) 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 20 February 2015 and, in accordance with s.54, will operate from 27 February 2015. The nominal expiry date of the Agreement is 3 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Berry Plastics (Australia) Pty Ltd recently came before the Fair Work Commission in an application to approve the Berry Plastics (Australia) Pty Ltd Enterprise Agreement 2014. The application was brought by the employer, who sought to have the agreement, which was negotiated with the Australian Manufacturing Workers' Union, recognised and enforced as a lawful enterprise agreement. The dispute arose from the union's contention that certain aspects of the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Act, and whether it contained the minimum terms and conditions that the Act mandates. A critical issue was whether the employer had followed proper consultation processes with the employees and their representatives, and whether the agreement contained all the required minimum terms, including those relating to wages, classification, and other employment conditions. The union argued that the employer had failed to adequately consult with the workforce and that the agreement did not provide for certain minimum entitlements.

The Fair Work Commission considered the evidence presented by both parties and examined the provisions of the Fair Work Act and related regulations. It determined that the employer had followed the necessary procedural steps in negotiating the agreement and had engaged in genuine consultation with the union. The Commission found that the agreement contained all the required minimum terms and conditions, and was therefore compliant with the statutory requirements. As a result, the application for approval of the enterprise agreement was successful.

The Commission approved the Berry Plastics (Australia) Pty Ltd Enterprise Agreement 2014, thereby confirming its validity and enforceability. This decision ensures that the terms of the agreement will govern the employment conditions of the relevant workforce, subject to any individual employment contracts that may supersede certain provisions of the agreement.

Berry Plastics (Australia) 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