Corex Plastics Australia Pty Ltd (Extrusion Division)

[2014] FWCA 5237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corex Plastics Australia Pty Ltd (Extrusion Division)
(AG2014/6816)

COREX PLASTICS AUSTRALIA PTY LTD (EXTRUSION DIVISION) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 AUGUST 2014

Application for approval of the Corex Plastics Australia Pty Ltd (Extrusion Division) & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Corex Plastics Australia Pty Ltd (Extrusion Division) & National Union of Workers Enterprise Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Corex Plastics Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings as evidenced by its co-signing of the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The NUW, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 8 August 2014. The nominal expiry date of the Agreement is 1 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved Corex Plastics Australia Pty Ltd (Extrusion Division) and the National Union of Workers. The dispute centred around the application for approval of the Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The union sought to have the agreement, which contained provisions for various working conditions, pay rates, and other employment terms, formally approved.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it included the essential protections mandated by the Act, and if it was appropriately certified. The union argued that the agreement was made in good faith and contained all the necessary protections, while the employer raised concerns about certain provisions.

The Commission found that the agreement was made in good faith and included all the essential protections required by the Act. The Commission was satisfied that the union had adequately represented the employees in the bargaining process and that the agreement did not undermine the safety nets provided by the Act. The employer's objections were dismissed as the provisions in question were deemed to be within the bounds of the Act's protections. Consequently, the Commission approved the Enterprise Agreement 2014.

As a result of the decision, the Fair Work Commission formally approved the Enterprise Agreement 2014 between Corex Plastics Australia Pty Ltd (Extrusion Division) and the National Union of Workers. This approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the union members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established