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

[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

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

FPC Food Plastics Pty Ltd as nominee for the FPC Food Plastics Partnership applied to the Fair Work Commission for approval of the FPC Food Plastics Pty Ltd & AMWU Collective Bargaining Workshop Agreement 2024. The application followed a series of negotiations between FPC Food Plastics and the Australian Manufacturing Workers' Union (AMWU) under the auspices of the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the statutory requirements for approval, including that it did not discriminate against employees and provided for a fair and efficient workplace.

The Commission found that the agreement contained provisions that were compliant with the Fair Work Act 2009. It addressed key terms and conditions of employment in a manner that was consistent with the principles of good faith bargaining and procedural fairness. The Commission was satisfied that the agreement provided for a fair and efficient workplace, and that it did not contain any discriminatory provisions. The proposed agreement provided for a range of benefits, including wage increases, improved working conditions, and mechanisms for dispute resolution. The Commission also noted that the agreement had been negotiated in good faith, with both parties demonstrating a commitment to reaching a fair and reasonable outcome.

In light of the above, the Commission approved the FPC Food Plastics Pty Ltd & AMWU Collective Bargaining Workshop Agreement 2024. The approval was made subject to certain conditions, including that the agreement be implemented in accordance with the terms set out in the agreement. The Commission also noted that it would continue to monitor the implementation of the agreement to ensure that it was being applied in a fair and reasonable manner. The approval of the agreement was seen as a positive outcome for both parties, providing a framework for a productive and harmonious workplace.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established