FPC Food Plastics Pty Ltd as Nominee for the FPC Food Plastics Partnership

[2024] FWCA 4213

[2024] FWCA 4213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FPC Food Plastics Pty Ltd as Nominee for the FPC Food Plastics Partnership

(AG2024/4143)

FPC FOOD PLASTICS PTY LTD & AMWU COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 29 NOVEMBER 2024

Application for approval of the FPC Food Plastics Pty Ltd & AMWU Collective Bargaining Workshop Agreement 2024

1. FPC Food Plastics Pty Ltd as Nominee for the FPC Food Plastics Partnership (the Employer) has made an application for approval of an enterprise agreement known as the FPC Food Plastics Pty Ltd & AMWU Collective Bargaining Workshop Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 17 May 2024 and the Agreement was made on 10 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. The employer did not provide employees with the correct name of the Agreement in the Notice of employee representational rights (NERR). Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

1. 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 FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 29 November 2024 and, in accordance with s.54, will operate from 6 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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