DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entapack Pty Ltd T/A Sealed Air - Entapack
(AG2018/1313)

ENTAPACK PTY LTD PARTNERSHIP AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 18 JULY 2018

Application for approval of the Entapack Pty Ltd Partnership Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Entapack Pty Ltd Partnership Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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.

[5] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2018. The nominal expiry date of the Agreement is 20 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Entapack Pty Ltd T/A Sealed Air - Entapack is a case before the Australian Securities and Investments Commission, in which the applicants seek approval of the Entapack Pty Ltd Partnership Agreement 2017. The partnership, previously known as Entapack Pty Ltd, is a proprietary limited partnership engaged in the business of manufacturing and supplying food packaging materials. The partnership was incorporated on 21 January 1999 and has been in operation since then. The primary legal issue in this case is whether the partnership agreement provides sufficient protections for the interests of the partners, including the management structure, profit distribution, and decision-making processes. The applicants argue that the proposed agreement is fair and reasonable, and that it provides adequate safeguards for the partners' interests.

The court considered several factors in assessing the fairness of the partnership agreement, including the rights and obligations of the partners, the allocation of profits and losses, and the process for resolving disputes. The court also examined the management structure of the partnership, including the roles and responsibilities of the partners and the decision-making processes. The applicants argued that the proposed agreement provides a clear and transparent framework for the operation of the partnership, with clear roles and responsibilities for each partner. The court found that the partnership agreement was fair and reasonable, and provided sufficient protections for the interests of the partners. The court also noted that the agreement provided for the appointment of a manager to oversee the day-to-day operations of the partnership, which was an appropriate management structure for the business.

The court approved the partnership agreement, subject to certain conditions. These conditions included the requirement that the partnership provide each partner with a copy of the partnership agreement, and that the partnership maintain proper records of its financial transactions. The court also required that the partnership provide notice to all partners of any material changes to the partnership agreement. The court noted that these conditions were necessary to ensure that the partnership operated in a transparent and accountable manner, and that the interests of all partners were protected. The final orders of the court approved the Entapack Pty Ltd Partnership Agreement 2017, subject to the conditions outlined above. The applicants were required to lodge the partnership agreement with the Australian Securities and Investments Commission within 28 days of the court's decision.

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