DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FPC Food Plastics Pty Ltd
(AG2018/4888)

FPC FOOD PLASTICS CAMPBELLFIELD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2019

Application for approval of the FPC Food Plastics Campbellfield Collective Bargaining Workshop Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the FPC Food Plastics Campbellfield Collective Bargaining Workshop 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 FPC Food Plastics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, FPC Food Plastics, sought approval of the FPC Food Plastics Campbellfield Collective Bargaining Workshop Agreement 2017. The application was brought before the Fair Work Commission. The respondent, Australian Manufacturing Workers’ Union, did not oppose the application but submitted that the Commission should consider whether the agreement contained appropriate mechanisms to protect the rights of employees under the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act, including whether it promoted simplification, minimised regulation, facilitated flexibility, and facilitated the efficient operation of businesses.

The Commission found that the agreement contained provisions that were consistent with the objects of the Fair Work Act and promoted simplification, minimised regulation, facilitated flexibility, and facilitated the efficient operation of businesses. The Commission noted that the agreement provided for a clear and accessible process for resolving disputes and included provisions to protect the rights of employees. The Commission also found that the agreement contained appropriate mechanisms to protect the rights of employees under the Fair Work Act. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the FPC Food Plastics Campbellfield Collective Bargaining Workshop Agreement 2017. The Commission found that the agreement was consistent with the objects of the Fair Work Act and promoted simplification, minimised regulation, facilitated flexibility, and facilitated the efficient operation of businesses. The Commission also found that the agreement contained appropriate mechanisms to protect the rights of employees under the Fair Work Act.

FPC Food Plastics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established