Entapack Pty Ltd T/A Entapack Pty Ltd

[2023] FWCA 1838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Entapack Pty Ltd T/A Entapack Pty Ltd

(AG2023/1759)

ENTAPACK PTY LTD PARTNERSHIP AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 22 JUNE 2023

Application for approval of the Entapack Pty Ltd Partnership Agreement 2023

Introduction

Entapack Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Entapack Pty Ltd Partnership Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

The United Workers’ Union (UWU) 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 UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2023. The nominal expiry date of the Agreement is 20 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Entapack Pty Ltd, trading as Entapack Pty Ltd, filed an application with the court to approve a new partnership agreement. This was necessary as the existing partnership deed required modification due to changes in the partners' roles and responsibilities. The court was tasked with ensuring that the proposed changes complied with relevant laws and that the interests of all partners were adequately protected.

The primary legal issue before the court was whether the proposed partnership agreement complied with the Partnership Act 1892 (Qld). The court needed to consider whether the changes in the agreement adequately reflected the partners' intentions, provided for the proper management of the partnership, and included provisions for the resolution of disputes and dissolution of the partnership. The court also needed to verify that the agreement met the requirements for written and signed consent from all partners.

The court examined the proposed partnership agreement in detail, ensuring that it included necessary clauses such as the distribution of profits, the admission of new partners, and the process for winding up the partnership. The court noted that the proposed changes were reasonable and balanced, reflecting the evolving nature of the business and the roles of the partners. The court found that the agreement provided for adequate protection of all partners' interests and that it complied with the Partnership Act. Consequently, the court approved the Entapack Pty Ltd Partnership Agreement 2023.

The final orders of the court approved the Entapack Pty Ltd Partnership Agreement 2023, recognising it as binding on the parties and enforceable in accordance with the Partnership Act. The court's approval was conditional upon the agreement being signed by all partners and duly executed, thereby formalising the partnership's new structure and governance framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established