DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cormack Packaging MFG Pty Ltd
(AG2021/6391)

CORMACK PACKAGING MFG PTY LTD ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 AUGUST 2021

Application for approval of the CORMACK PACKAGING MFG PTY LTD Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the CORMACK PACKAGING MFG PTY LTD Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Council of Trade Unions (ACTU) for the approval of the Cormack Packaging MFG Pty Ltd Enterprise Agreement 2021-2024. The dispute was heard in the Fair Work Commission (FWC), with the union seeking to ensure the agreement's terms met the necessary legal standards and protections under Australian employment law.

The primary legal issue before the FWC was whether the terms of the proposed agreement were fair and reasonable, as required by the Fair Work Act 2009. This involved an examination of whether the agreement provided for fair rates of pay and conditions, and whether it complied with the relevant national employment standards. The FWC also needed to assess whether the agreement appropriately balanced the interests of both employers and employees, and whether it met the prerequisites for approval as stipulated in the Act.

The FWC determined that the proposed agreement met the necessary criteria for approval. The court found that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates and other employment conditions. The FWC also concluded that the agreement appropriately balanced the interests of both parties and complied with the national employment standards. As a result, the FWC approved the Cormack Packaging MFG Pty Ltd Enterprise Agreement 2021-2024. The approval ensures that the terms of the agreement will be legally enforceable, providing certainty for both the employer and employees moving forward.

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