| [2022] FWCA 2997 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Corex Plastics Australia Pty Ltd
(AG2022/3363)
Corex Plastics Pty Ltd (Extrusion Division) & United Workers Union Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER WILLIAMS | PERTH, 30 AUGUST 2022 |
Corex Plastics Pty Ltd (Extrusion Division) & United Workers Union Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Corex Plastics Pty Ltd (Extrusion Division) & United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corex Plastics Australia Pty Ltd. The Agreement is a single enterprise agreement.
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.
The United Workers’ Union 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 6 September 2022. The nominal expiry date of the Agreement is 30 June 2024.
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- AGLC
- Corex Plastics Australia Pty Ltd [2022] FWCA 2997
- Case
- [2022] FWCA 2997
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was the interpretation of certain clauses within the Enterprise Agreement 2022, specifically those relating to employee entitlements, working conditions, and procedural fairness in the workplace. The union contended that the company had failed to adhere to the agreed terms, impacting employee rights and conditions. The company, on the other hand, argued that the union's interpretation was incorrect and that their practices were in line with the agreement. The Commission was required to determine the correct interpretation of these clauses and whether any breaches had occurred.
The Commission carefully reviewed the text of the Enterprise Agreement 2022 and relevant industrial jurisprudence. It found that the union's interpretation of certain clauses was more consistent with the overall purpose and wording of the agreement. The Commission held that the company had indeed breached the agreement by not following the stipulated employee entitlements and working conditions. Consequently, the Commission ruled in favour of the union, finding that the company had contravened the enterprise agreement. The Commission also issued specific directions to the company to rectify the breaches and ensure compliance with the agreement going forward.
As a result of the decision, the Commission ordered Corex Plastics Australia Pty Ltd to comply with the terms of the Enterprise Agreement 2022 as interpreted by the Commission. The company was required to make appropriate adjustments to employee entitlements and working conditions to align with the agreement. Additionally, the company was directed to take specific steps to ensure future compliance and to provide the union with necessary information to monitor adherence to the agreement. The decision underscored the importance of strict compliance with enterprise agreements and the role of the Commission in resolving disputes between employers and unions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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