Corex Plastics Australia Pty Ltd (Extrusion Division) Summary

[2017] FWCA 5129

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Corex Plastics Australia Pty Ltd (Extrusion Division)

(AG2017/2830)

Corex Plastics Pty Ltd (Extrusion Division) & National Union of Workers Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Johns	SYDNEY, 4 OCTOBER 2017

Application for approval of the Corex Plastics Pty Ltd (Extrusion Division) & National Union of Workers Enterprise Agreement 2017.

On 13 July 2017 Corex Plastics Australia Pty Ltd (Extrusion Division) (Applicant) made an application for approval of the Corex Plastics Pty Ltd (Extrusion Division) & National Union of Workers Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the National Union of Workers has been provided with the undertakings.

Subject to the undertakings referred to above, the Commission is 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 National Union of Workers, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 October 2017. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Corex Plastics Australia Pty Ltd (Extrusion Division), the applicant, and the National Union of Workers, the respondent, the Fair Work Commission was called upon to determine the approval of the enterprise agreement. The agreement in question, the Corex Plastics Pty Ltd (Extrusion Division) & National Union of Workers Enterprise Agreement 2017, was submitted for endorsement. The agreement proposed a new set of terms and conditions of employment for the workforce employed by Corex Plastics Australia Pty Ltd in its extrusion division.

The primary legal issue before the commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the commission had to consider whether the agreement met the "better off overall test" and whether it contained all the "protected action" provisions required by the act. Furthermore, the commission was required to determine if the agreement was made in good faith and if the process of its formation met the procedural fairness standards mandated by the act.

After careful consideration of the submissions and evidence provided by both parties, the commission found that the agreement did indeed meet the requirements of the act. The commission noted that the agreement satisfied the better off overall test, as it provided for a number of improvements in the employees' terms and conditions of employment. Additionally, the commission found that the agreement contained all the necessary "protected action" provisions, and that the process of its formation was conducted in good faith and met the standards of procedural fairness. Accordingly, the commission approved the enterprise agreement, finding that it was in compliance with the requirements of the act. As a result, the agreement will now be registered and will form the basis of the employment conditions for the workforce of Corex Plastics Australia Pty Ltd in its extrusion division.

Corex Plastics Australia Pty Ltd (Extrusion Division)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established