Carton Packaging Pty Ltd

[2024] FWCA 4655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carton Packaging Pty Ltd

(AG2024/4369)

CARTON PACKAGING PTY LTD ENTERPRISE AGREEMENT 2024-2028

Graphic Arts
COMMISSIONER YILMAZ	MELBOURNE, 24 DECEMBER 2024

Application for approval of the Carton Packaging Pty Ltd Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the Carton Packaging Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carton Packaging 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, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 31 December 2024. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Carton Packaging Pty Ltd Enterprise Agreement 2024-2028. The application was made by the employer, Carton Packaging Pty Ltd. The dispute centred around the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement met the necessary criteria for approval, including being free from coercion, being in the best interest of the employees, and being consistent with the broader national system of industrial relations.

The central legal issues before the Commission involved verifying the agreement's compliance with the Act, including assessing whether it was made in good faith, whether it provided for the best terms and conditions for the employees, and whether it was consistent with the broader national system of industrial relations. The Commission also had to consider whether the agreement appropriately covered the employees' rights and obligations and whether it provided for an effective mechanism for resolving disputes.

The Commission found that the proposed agreement met the criteria for approval. It was determined that the agreement was made in good faith, provided fair terms and conditions for the employees, and aligned with the national system of industrial relations. The Commission noted that the agreement included provisions for dispute resolution and covered the employees' rights and obligations appropriately. After careful consideration of all the evidence and arguments presented, the Commission concluded that the agreement was fair and compliant with the Act.

The Fair Work Commission approved the Carton Packaging Pty Ltd Enterprise Agreement 2024-2028, recognising it as a fair and appropriate agreement for the employees of Carton Packaging Pty Ltd. The Commission's decision confirmed that the agreement met all the necessary legal requirements and was in the best interest of the employees. This approval ensures that the agreement will be implemented, providing a stable and fair framework for the employer and employees to operate under.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established