Entapack Pty Ltd T/A Sealed Air - Entapack

[2021] FWCA 2102

[2021] FWCA 2102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Entapack Pty Ltd T/A Sealed Air - Entapack
(AG2021/4549)

ENTAPACK PTY LTD PARTNERSHIP AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 16 APRIL 2021

Application for variation of the Entapack Pty Ltd Partnership Agreement 2019.

[1] An application has been made for approval of a variation to the Entapack Pty Ltd Partnership Agreement 2019 (the Agreement). The application was made by Entapack Pty Ltd T/A Sealed Air - Entapack pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] In the approval process of the original Agreement, the Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 11 June 2020. Those undertakings form part of the Agreement as varied.

[4] I note that pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the original Agreement. The model term forms part of the Agreement as varied.

[5] I also note that pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the original Agreement. The model term forms part of the Agreement as varied.

[6] In respect of the varied Agreement before me, I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 16 April 2021.

COMMISSIONER

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