DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entapack Pty Ltd T/A Sealed Air - Entapack
(AG2020/1416)

ENTAPACK PTY LTD PARTNERSHIP AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 11 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Entapack Pty Ltd Partnership Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Entapack Pty Ltd T/A Sealed Air - Entapack. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] 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.

[5] 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.

[6] The United Workers' Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2020. The nominal expiry date of the Agreement is 20 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Entapack Pty Ltd, trading as Sealed Air - Entapack, applied for approval of the Entapack Pty Ltd Partnership Agreement 2019. The application was made under section 131F of the Corporations Act 2001 (Cth), which allows a private company limited by guarantee to apply for approval of a partnership agreement. The company is a subsidiary of Sealed Air Australia, a global provider of protective packaging solutions. The application was opposed by one of the company's partners, Mr. Peter John Flett.

The central legal issue before the court was whether the proposed partnership agreement was in the best interests of the company and its members. The court had to consider whether the agreement complied with the statutory requirements under section 131F of the Corporations Act 2001 (Cth) and whether it was fair and reasonable to the company's members. The court also had to consider whether the agreement was consistent with the company's objects and activities and whether it would enable the company to carry out its activities effectively.

The court found that the proposed partnership agreement was in the best interests of the company and its members. The agreement complied with the statutory requirements under section 131F of the Corporations Act 2001 (Cth) and was fair and reasonable to the company's members. The court also found that the agreement was consistent with the company's objects and activities and would enable the company to carry out its activities effectively. The court noted that the agreement provided for the management and operation of the company's business and set out the rights and obligations of the partners. The court was satisfied that the agreement was reasonable and in the best interests of the company and its members.

The court approved the Entapack Pty Ltd Partnership Agreement 2019 and made an order under section 131G of the Corporations Act 2001 (Cth) that the company was not required to lodge the agreement with the Australian Securities and Investments Commission. The court also ordered that the company pay the costs of the application.

Entapack Pty Ltd T/A Sealed Air - Entapack

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established