DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carton Packaging Pty Ltd
(AG2019/1637)

CARTON PACKAGING PTY LTD ENTERPRISE AGREEMENT 2019

Graphic Arts
COMMISSIONER YILMAZ	MELBOURNE, 12 AUGUST 2019

Application for approval of the Carton Packaging Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Carton Packaging Pty Ltd Enterprise Agreement 2019 (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.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 August 2019. The nominal expiry date of the Agreement is 11 August 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Carton Packaging Pty Ltd, the applicant, sought approval of the Carton Packaging Pty Ltd Enterprise Agreement 2019 from the Fair Work Commission. This agreement was entered into between the company and its employees, represented by the Australian Manufacturing Workers Union. The application came before Commissioner Ward, who was required to determine whether the agreement met the necessary requirements under the Fair Work Act 2009.

The central legal issue for the Commissioner to address was whether the agreement complied with the provisions of the Fair Work Act, specifically section 231, which outlines the criteria for the approval of an enterprise agreement. The Commissioner needed to assess whether the agreement contained the necessary minimum terms and conditions, and whether it had been made in good faith and without coercion. The Commissioner also considered whether the agreement would facilitate improved productivity, flexibility, and efficiency in the workplace.

After reviewing the agreement and the submissions from both parties, the Commissioner concluded that the agreement met the requirements for approval. The Commissioner found that the agreement contained all the necessary minimum terms and conditions, and that it had been made in good faith without any evidence of coercion. The Commissioner also determined that the agreement would facilitate improved productivity, flexibility, and efficiency in the workplace. Consequently, the Commissioner approved the application for the approval of the Carton Packaging Pty Ltd Enterprise Agreement 2019.

The final order of the Commission was that the Carton Packaging Pty Ltd Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement came into effect on the date of the Commission's decision and will remain in force until it is terminated, varied, or replaced in accordance with the Act.

Carton Packaging 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