Circular Plastics Australia (PET) Pty Ltd Summary

[2021] FWCA 6739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Circular Plastics Australia (PET) Pty Ltd
(AG2021/7972)

CPA (PET) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 17 NOVEMBER 2021

Application for approval of the CPA (PET) Enterprise Agreement 2021.

[1] Circular Plastics Australia (PET) Pty Ltd (the Employer) has made an application for the approval of the CPA (PET) Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that Clause 18.2 – Public Holidays is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2021. The nominal expiry date of the Agreement is 17 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Circular Plastics Australia (PET) Pty Ltd, the applicant, sought the Fair Work Commission's approval for the CPA (PET) Enterprise Agreement 2021. The applicant argued that the agreement, which was negotiated between the employer and the employees, met all the necessary legal criteria and should be approved. The dispute arose from the necessity to ensure that the agreement complied with the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights.

The legal issues before the court involved determining whether the agreement was genuinely negotiated and if it met the requirements for procedural fairness as mandated by the Fair Work Act. The court also had to assess whether the agreement provided adequate protections for employees' rights and interests. This included an evaluation of whether there were any unfair provisions that might disadvantage employees or if the negotiation process was conducted in a manner that was transparent and fair.

In delivering the decision, the Fair Work Commission considered the evidence provided by both parties regarding the negotiation process and the content of the agreement. The court found that the agreement was genuinely negotiated, with both parties demonstrating a willingness to engage in good faith. The Commission also determined that the agreement contained provisions that adequately protected employees' rights and interests, and that there were no unfair provisions that would unduly disadvantage employees. As a result, the Fair Work Commission approved the CPA (PET) Enterprise Agreement 2021, confirming its compliance with the relevant legal standards.

The final orders of the court included the approval of the CPA (PET) Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it was to govern the employment conditions of the employees covered by the agreement. The court's approval signified that the agreement met all necessary legal criteria and could be implemented by the parties involved.

Circular Plastics Australia (PET) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established