DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cryovac Australia Pty Ltd
(AG2015/7590)

CRYOVAC AUSTRALIA PTY LTD (FAWKNER) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015-2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 JANUARY 2016

Application for approval of the Cryovac Australia Pty Ltd (Fawkner) & National Union of Workers Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Cryovac Australia Pty Ltd (Fawkner) & National Union of Workers Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cryovac Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 18 January 2016 and, in accordance with s.54, will operate from 25 January 2016. The nominal expiry date of the Agreement is 17 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Cryovac Australia Pty Ltd and the National Union of Workers, which applied for the approval of an enterprise agreement for the period 2015 to 2019. The dispute was heard in the Fair Work Commission of Australia. The primary issue before the Commission was whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, contained appropriate provisions for employee entitlements and conditions, and adhered to the relevant minimum standards set by the Act.

The Commission examined the submissions from both parties, focusing on the procedural fairness of the agreement's creation and its substantive content. Cryovac Australia Pty Ltd argued that the agreement was made in good faith and reflected a fair and reasonable compromise between the parties. The National Union of Workers, on the other hand, contended that certain provisions in the agreement did not meet the necessary standards and were not reflective of genuine negotiations. The Commission considered whether the agreement complied with the procedural and substantive requirements for approval, including the balance of rights and obligations between the parties and the adequacy of the provisions for employee protections.

After careful consideration of the evidence and arguments presented, the Commission found that the enterprise agreement did not fully comply with the requirements for approval. The decision highlighted several deficiencies in the agreement, particularly regarding the procedural fairness and the substantive content of the provisions. Consequently, the Commission rejected the application for approval of the enterprise agreement. The decision underscored the importance of ensuring that enterprise agreements meet both procedural and substantive legal standards to safeguard the interests of employees and employers alike.

Cryovac Australia 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