DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FPC Food Plastics Pty Ltd
(AG2014/10755)

FOOD PLASTICS CAMPBELLFIELD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2014

Application for approval of the Food Plastics Campbellfield Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Food Plastics Campbellfield Collective Bargaining Workshop Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by FPC Food Plastics Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from FPC Food Plastics Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application by the Food Plastics Campbellfield Collective Bargaining Workshop Agreement 2014, where FPC Food Plastics Pty Ltd sought approval of the agreement. The agreement was the outcome of negotiations involving the company and union representatives from the Food and Allied Workers Union. The main dispute was whether the agreement met the criteria for being a certified agreement under the Fair Work Act 2009. The crux of the matter was whether the agreement sufficiently covered the terms and conditions of employment for the workers, and whether it had been genuinely negotiated.

The central legal issues revolved around whether the agreement was a genuine outcome of negotiations between the parties and whether it contained the necessary terms required by the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement addressed key employment terms, including wages, hours of work, and other conditions, and if it was made in good faith. The Commission also had to consider if the agreement complied with the statutory requirements for coverage and the representation of employees.

In examining the application, the Commission found that the agreement had been genuinely negotiated between the parties and included all necessary terms. It satisfied the statutory requirements for coverage, and the representation of employees was adequate. The Commission was satisfied that the agreement met the criteria for being a certified agreement under the Fair Work Act 2009. Consequently, the Commission approved the Food Plastics Campbellfield Collective Bargaining Workshop Agreement 2014.

The Fair Work Commission approved the Food Plastics Campbellfield Collective Bargaining Workshop Agreement 2014, finding it to be a genuine negotiation outcome that met the statutory requirements for coverage and representation of employees. The Commission was satisfied that the agreement contained all necessary terms and conditions of employment as required by the Fair Work Act 2009.

FPC Food Plastics Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established