Cinqplast Plastop Australia Pty Ltd

[2023] FWCA 1563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cinqplast Plastop Australia Pty Ltd

(AG2023/1473)

CINQPLAST AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 31 MAY 2023

Application for approval of the Cinqplast Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Cinqplast Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cinqplast Plastop Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2023. The nominal expiry date of the Agreement is 30 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cinqplast Plastop Australia Pty Ltd recently brought an application before the Fair Work Commission seeking approval for the Cinqplast Agreement 2023. The agreement in question was the result of negotiations between the employer and the union, representing the employees. The union was contending that the proposed agreement did not adequately protect employees' rights and conditions, whereas the employer argued that the agreement was fair and reflected the current economic climate.

The central legal issues before the Commission were whether the Cinqplast Agreement 2023 met the criteria for approval under the Fair Work Act 2009, specifically in terms of ensuring that it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement provided for adequate pay and conditions, including any proposed changes to working hours, leave entitlements, and redundancy provisions. Additionally, the Commission had to assess whether the agreement provided for the proper representation of employees' interests.

In its decision, the Commission noted that the proposed agreement contained provisions that were generally consistent with contemporary enterprise agreements in the industry. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, including adequate pay and conditions. The Commission also found that the agreement provided for proper representation of employees' interests through the union. Given the overall fairness of the agreement, the Commission approved the Cinqplast Agreement 2023, subject to certain minor amendments to address specific concerns raised by the union.

The Commission's final orders included the approval of the Cinqplast Agreement 2023, with the minor amendments made to the agreement. The Commission also directed the employer and the union to provide a copy of the approved agreement to all affected employees. The Commission's decision provides guidance for employers and unions when negotiating enterprise agreements, highlighting the importance of ensuring that agreements provide for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established