DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carton Packaging Pty Ltd
(AG2015/703)

CARTON PACKAGING PTY LTD ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 2 APRIL 2015

Application for approval of the Carton Packaging Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carton Packaging 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 Carton Packaging Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 2 April 2015 and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is 8 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carton Packaging Pty Ltd applied for approval of the Carton Packaging Pty Ltd Enterprise Agreement 2014, which was made between the employer and the Australian Manufacturing Workers’ Union. The application was brought before the Fair Work Commission, where the employer contended that the agreement should be approved as it was made in good faith and was in the best interests of the employees. The union supported the application, while the Australian Government, acting through the Department of Employment, raised objections regarding the agreement's provisions on penalty rates and shift loadings, which it considered were not in the best interests of the employees.

The central legal issue before the Commission was whether the agreement should be approved, given the objections raised by the Australian Government. The focus was on whether the provisions in question, particularly those concerning penalty rates and shift loadings, were fair and reasonable in the context of the broader agreement. The Commission had to balance the parties' rights and obligations under the Fair Work Act 2009, ensuring that the agreement met the statutory criteria for approval.

After considering the submissions and evidence from all parties, the Fair Work Commission found that the agreement was made in good faith and was in the best interests of the employees. The Commission noted that the provisions regarding penalty rates and shift loadings were fair and reasonable, taking into account the specific circumstances of the workplace and the industry. The Commission was satisfied that the agreement complied with all relevant statutory requirements and, therefore, approved the application for the agreement's registration.

The final orders of the Commission were that the Carton Packaging Pty Ltd Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. This decision meant that the agreement would become a legally binding contract between the employer and the employees, with the terms and conditions outlined in the agreement taking precedence over any conflicting provisions in the applicable awards or other agreements.

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