Cryovac Australia Pty Ltd

[2014] FWCA 6899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cryovac Australia Pty Ltd
(AG2014/7487)

CRYOVAC AUSTRALIA PTY LTD (TULLAMARINE SITE) AMWU/ETU ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 OCTOBER 2014

Application for approval of the Cryovac Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2014-2018..

[1] An application has been made for approval of an enterprise agreement known as the Cryovac Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Cryovac Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views the bargaining representatives for the Agreement, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, with respect to these undertakings and the AMWU and CEPU support the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The CEPU and AMWU have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the CEPU and AMWU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 8 October 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Cryovac Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2014-2018 was the subject of an application for approval by the Fair Work Commission (FWC). The dispute involved the terms of the proposed enterprise agreement between Cryovac Australia Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) and the Electrical Trades Union (ETU). The case was heard in the Fair Work Commission, a tribunal under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Act. Specifically, the Commission had to determine whether the agreement was made in good faith, was free from any improper influence or interference, and was fair and reasonable in terms of its content and negotiation process.

The FWC considered the evidence and arguments presented by both parties. Cryovac Australia Pty Ltd argued that the proposed agreement was the result of good faith negotiations and adequately represented the interests of the employees. The unions supported the agreement, asserting that it was negotiated fairly and contained terms that were reasonable and beneficial to the employees. The Commission evaluated the negotiation process, the terms of the agreement, and the overall fairness of the agreement to the employees. After thorough consideration, the FWC found that the agreement was made in good faith, free from any improper influence or interference, and was fair and reasonable.

As a result, the FWC approved the Cryovac Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2014-2018. This decision was based on the evidence that the agreement was the outcome of genuine negotiations and contained provisions that were fair and reasonable for the employees. The approval meant that the agreement could now be implemented as a legally binding contract between Cryovac Australia Pty Ltd and the relevant unions. The decision underscored the importance of good faith negotiations and fair terms in enterprise agreements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established