Cryovac Australia Pty Ltd Summary

[2014] FWCA 8364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cryovac Australia Pty Ltd
(AG2014/7704)

CRYOVAC AUSTRALIA PTY LTD (TULLAMARINE) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 NOVEMBER 2014

Application for approval of the Cryovac Australia Pty Ltd (Tullamarine) & National Union of Workers Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Cryovac Australia Pty Ltd (Tullamarine) & National Union of Workers Enterprise Agreement 2014-2018 (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] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 November 2014 and, in accordance with s.54, will operate from 28 November 2014. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Cryovac Australia Pty Ltd (Tullamarine) & National Union of Workers Enterprise Agreement 2014-2018 was heard in the Fair Work Commission. The parties involved were Cryovac Australia Pty Ltd and the National Union of Workers. The dispute centred around whether the enterprise agreement proposed by the union met the necessary legal standards under the Fair Work Act 2009. The union sought to have the agreement approved, arguing it complied with all relevant provisions of the Act, while Cryovac Australia Pty Ltd contested certain aspects of the agreement, specifically focusing on provisions related to pay rates and conditions.

The legal issues before the Commission included whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly sections concerning the scope of bargaining, minimum terms and conditions, and the process for negotiation. The Commission needed to determine if the agreement was made in good faith, and if it provided for fair and reasonable terms and conditions. Furthermore, the Commission had to consider whether the agreement met the "better off overall test," ensuring that the employees were not disadvantaged by the terms of the agreement.

The Commission found that the agreement was made in good faith and was fair and reasonable. It was noted that the agreement provided for the payment of wages and conditions that were no less favourable than those provided by the applicable awards, and it met the "better off overall test." The Commission highlighted that the agreement contained comprehensive provisions covering various aspects of employment, including wages, leave entitlements, and working conditions, all of which were deemed to be fair and reasonable. Consequently, the Commission approved the enterprise agreement, finding that it complied with all the relevant legal standards under the Fair Work Act.

The Fair Work Commission approved the Cryovac Australia Pty Ltd (Tullamarine) & National Union of Workers Enterprise Agreement 2014-2018. The decision confirmed the agreement as compliant with the Fair Work Act 2009, and it was thus registered as a lawful enterprise agreement. This approval ensures that the terms and conditions outlined in the agreement are enforceable and provide a stable framework for the employment relationship between Cryovac Australia Pty Ltd and its employees.

Cryovac Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established