DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cormack Packaging MFG Pty Ltd
(AG2018/6962)

CORMACK PACKAGING MFG PTY LTD ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 JUNE 2019

Application for approval of the CORMACK PACKAGING MFG PTY LTD Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the CORMACK PACKAGING MFG PTY LTD Enterprise Agreement 2018-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cormack Packaging MFG Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Cormack Packaging Manufacturing Pty Ltd and its employees, who were represented by the Transport Workers Union. The dispute centred on the approval of the 2018-2021 Enterprise Agreement. The matter was heard in the Fair Work Commission. The primary legal issues were whether the agreement met the statutory requirements for approval, including the compliance with the "better off overall test" and whether the agreement was made in good faith and without coercion.

The Commission examined the terms and conditions outlined in the agreement, assessing whether they provided for employees to be better off overall when compared to the applicable awards or agreements. The Commission also evaluated the process by which the agreement was negotiated and whether it was conducted in good faith. The analysis included scrutiny of the bargaining positions of both parties, the transparency of the negotiation process, and the fairness of the terms agreed upon. Ultimately, the Commission determined that the agreement met the necessary statutory criteria and was approved.

In reaching its decision, the Commission emphasised the importance of ensuring that employees are not disadvantaged by the terms of the enterprise agreement. The Commission noted that the agreement provided for fair wages and conditions, and that the negotiation process was conducted appropriately. The Commission found that the agreement was in the best interests of the employees and did not contain any provisions that would unduly burden the employer. The Commission approved the Enterprise Agreement, highlighting the importance of collective bargaining in achieving fair and equitable outcomes for both employers and employees. The final orders included the approval of the Enterprise Agreement, with the terms to be binding on the parties for the specified period.

Cormack Packaging MFG Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established