DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CORMACK PACKAGING MFG PTY LTD
(AG2015/7187)

CORMACK PACKAGING MFG PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the CORMACK PACKAGING MFG PTY LTD Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the CORMACK PACKAGING MFG PTY LTD Enterprise Agreement 2015 – 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CORMACK PACKAGING MFG PTY LTD. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 February 2016 and, in accordance with s.54, will operate from 19 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cormack Packaging Manufacturing Pty Ltd sought approval of its Enterprise Agreement 2015 - 2018, which had been agreed upon by the employer and the employees' representatives. The application was made to the Fair Work Commission, which had the authority to assess and approve such agreements under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal requirements for approval, specifically whether it contained the necessary minimum terms and conditions as prescribed by the Act and whether it had been genuinely negotiated.

The legal issues before the Commission involved determining if the agreement provided for the minimum entitlements as required by the Act, whether the agreement was made in good faith and whether there were any provisions that might be considered harsh, unjust or unreasonable. The Commission had to consider the bargaining power of the parties, the negotiation process, and the content of the agreement against the statutory minimum standards.

The Commission found that the agreement contained all the minimum terms and conditions as stipulated by the Fair Work Act. It concluded that the agreement had been genuinely negotiated and was not harsh, unjust or unreasonable. The evidence presented indicated that the bargaining process was fair and that the agreement reflected the economic realities faced by both parties. Therefore, the Commission approved the application and the Enterprise Agreement 2015 - 2018 was endorsed. The decision was made in accordance with the statutory requirements and the principles of good faith bargaining.

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