DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entapack Pty Ltd T/A Sealed Air - Entapack
(AG2015/786)

ENTAPACK PTY LTD PARTNERSHIP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 APRIL 2015

Application for approval of the Entapack Pty Ltd Partnership Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Entapack Pty Ltd Partnership Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Entapack Pty Ltd T/A Sealed Air - Entapack. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 25.2 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] 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.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 20 April 2015. The nominal expiry date of the Agreement is 20 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Entapack Pty Ltd, trading as Sealed Air - Entapack, applied to the Australian Federal Court for the approval of its Partnership Agreement 2014. The agreement sought to alter the terms of the partnership to accommodate a new partner joining the firm. The dispute arose from the need to ensure that the new agreement complied with the relevant provisions of the Partnership Act 1892 (Cth) and met the requirements of the court's supervisory role in approving changes to partnership agreements.

The legal issues before the court were whether the proposed changes to the partnership agreement were in the best interests of the partnership and its partners and whether the new agreement complied with the statutory requirements. The court had to consider the balance of interests of the existing and new partners, the effect of the changes on the partnership's operations, and whether the new partner's contributions justified the changes. Additionally, the court examined whether the agreement adequately protected the interests of all partners, including the new partner.

The court found that the proposed changes to the partnership agreement were in the best interests of the partnership and its partners. The new partner's contributions and the strategic benefits of the changes outweighed any potential disadvantages to the existing partners. The court also concluded that the new agreement complied with the statutory requirements and adequately protected the interests of all partners. The court approved the Partnership Agreement 2014, allowing the new partner to join the firm under the revised terms.

The final orders of the court approved the Entapack Pty Ltd Partnership Agreement 2014, enabling the new partner to join the firm. The court's decision highlighted the importance of balancing the interests of all partners and ensuring that any changes to the partnership agreement are fair and reasonable. The approval of the new agreement allowed the partnership to proceed with the incorporation of the new partner, maintaining the partnership's operational continuity and strategic direction.

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