Cryovac Australia Pty Ltd

[2013] FWCA 3206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cryovac Australia Pty Ltd
(AG2013/1122)

CRYOVAC AUSTRALIA PTY LTD (FAWKNER) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 MAY 2013

Application for approval of the Cryovac Australia Pty Ltd (Fawkner) & National Union of Workers Enterprise Agreement 2012-2015.

[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 2012-2015 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 34.6 and 35.8 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 29 May 2013. The nominal expiry date of the Agreement is 17 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE401376 PR537123>
APPENDIX A

CaseChat Overview and Summary

Cryovac Australia Pty Ltd, the employer, applied for the approval of an enterprise agreement with the National Union of Workers, the union. The Fair Work Commission was tasked with determining whether the agreement was appropriate for registration under the Fair Work Act 2009. The agreement in question outlined the terms and conditions of employment for employees within the Fawkner site of the employer, including provisions for wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement met the requirements for being "free, fair and valid" and if it contained "permissive" matters as defined by the Act. This included scrutinising whether the agreement had been negotiated in good faith and whether it provided for the "better off overall test" for employees.

The Commission examined the negotiation process and found that the agreement had been negotiated in good faith. The Commission also determined that the agreement met the "better off overall test," which required that employees be no worse off and at least some employees be better off financially under the agreement compared to the applicable awards. Additionally, the Commission found that all permissive matters were appropriately addressed within the agreement. Consequently, the Commission approved the enterprise agreement, deeming it to be free, fair, and valid under the Act.

The Fair Work Commission approved the Cryovac Australia Pty Ltd (Fawkner) & National Union of Workers Enterprise Agreement 2012-2015, confirming its compliance with the Fair Work Act 2009. The agreement was registered, and the terms and conditions it outlined became legally binding for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established