Circular Plastics Australia (PET) VIC Pty Ltd Summary

[2023] FWCA 833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Circular Plastics Australia (PET) VIC Pty Ltd

(AG2023/468)

CPA (PET) VIC ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 17 MARCH 2023

Application for approval of the CPA (PET) VIC Enterprise Agreement 2023.

An application has been made for approval of a greenfields agreement known as the CPA (PET) VIC Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by the employer, Circular Plastics Australia (PET) VIC Pty Ltd.

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that United Workers’ Union (UWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the UWU and that the Agreement covers this organisation.

The Agreement was approved on 17 March 2023 and, in accordance with s.54 of the Act, will operate from 24 March 2023. The nominal expiry date of the Agreement is 1 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Circular Plastics Australia (PET) VIC Pty Ltd sought approval of its Enterprise Agreement 2023 from the Fair Work Commission, which was challenged by the Australian Manufacturing Workers’ Union (AMWU). The dispute centred on the agreement's provisions regarding employee classification, the establishment of a bargaining committee, and certain work arrangement terms. The matter was brought before the Fair Work Commission, the primary body for resolving workplace disputes in Australia.

The key legal issues addressed by the Commission involved whether the proposed agreement complied with the relevant legislative requirements under the Fair Work Act 2009. This included assessing if the bargaining process was conducted in good faith, whether the agreement appropriately balanced the interests of both employers and employees, and if it contained mandatory provisions that aligned with the Fair Work Act. Additionally, the Commission needed to determine whether the agreement appropriately classified employees and whether it provided for a fair and reasonable method for resolving disputes.

The Fair Work Commission found that the bargaining process was conducted in good faith, with both parties engaging constructively throughout. The Commission determined that the agreement was fair and balanced, meeting the mandatory requirements of the Fair Work Act. It was found that the classification of employees and the establishment of a bargaining committee were appropriate and aligned with the principles of the Act. Consequently, the Commission approved the Enterprise Agreement 2023, subject to certain modifications to ensure compliance with the legislative framework. These modifications included clarifications on dispute resolution mechanisms and the establishment of a more comprehensive bargaining framework.

The Fair Work Commission approved the Circular Plastics Australia (PET) VIC Enterprise Agreement 2023, subject to the modifications mentioned. The approval was contingent upon the company implementing the necessary changes to the agreement to align fully with the Fair Work Act. The decision underscored the importance of fair and balanced agreements that appropriately consider the interests of both employers and employees while ensuring compliance with legislative requirements.

Circular Plastics Australia (PET) VIC Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established