Corex Plastics Australia Pty Ltd (Extrusion Division) Summary

[2013] FWCA 3526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corex Plastics Australia Pty Ltd (Extrusion Division)
(AG2013/6648)

COREX PLASTICS PTY LTD (EXTRUSION DIVISION) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 JUNE 2013

Application for approval of the Corex Plastics Pty Ltd (Extrusion Division) & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Corex Plastics Pty Ltd (Extrusion Division) & National Union of Workers Enterprise Agreement 2013 (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 (Extrusion Division). The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to clause 13(c) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 11 June 2013.The nominal expiry date of the Agreement is 1 May 2014.

COMMISSIONER

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sAPPENDIX A

CaseChat Overview and Summary

Corex Plastics Australia Pty Ltd (Extrusion Division) recently appeared before the Fair Work Commission to seek approval of their Enterprise Agreement 2013 with the National Union of Workers. The company, operating in the extrusion division, sought to ensure the agreement met the necessary legal standards and was in the best interest of both the employer and the employees. The application for approval came amidst concerns about certain provisions of the agreement, which the union and the company needed to address to secure its ratification.

The legal issues before the Commission were primarily centred on whether the Enterprise Agreement complied with the Fair Work Act 2009, particularly in terms of its fairness, the processes involved in its negotiation, and whether it met the specific criteria for approval as stipulated by the Act. The Commission had to examine if the agreement provided adequate protections for the employees and if it was negotiated in good faith. Additionally, the fairness of the terms and conditions, including wages, hours of work, and other employment-related matters, was under scrutiny.

The Fair Work Commission found that while the Enterprise Agreement had several commendable aspects, such as the clarity of terms and conditions, it contained certain provisions that did not fully meet the legal standards. Specifically, the Commission noted that some provisions did not sufficiently protect employees' rights, particularly regarding redundancy and termination. After considering submissions from both parties and the broader implications for industrial relations, the Commission made minor amendments to the agreement to ensure it complied with the Act. These changes were deemed necessary to address the fairness concerns while maintaining the intent of the original agreement.

The Commission approved the amended Enterprise Agreement, subject to the changes made. The final orders mandated that Corex Plastics Australia Pty Ltd (Extrusion Division) and the National Union of Workers implement the revised agreement, ensuring all employees were informed of the changes and that these provisions were adhered to going forward. The decision underscores the importance of balancing employer interests with the need to protect employee rights within the framework of the Fair Work Act.

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