Full View Plastics Unit Trust T/A Brickwood (NSW) Pty Ltd Summary

[2023] FWCA 1685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Full View Plastics Unit Trust T/A Brickwood (NSW) Pty Ltd

(AG2023/1656)

BRICKWOOD BLACKTOWN ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 JUNE 2023

Application for approval of the Brickwood Blacktown Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Brickwood Blacktown Enterprise Agreement 2023. (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 June 2023. The nominal expiry date of the Agreement is 8 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Full View Plastics Unit Trust, trading as Brickwood (NSW) Pty Ltd, applied to the Fair Work Commission for the approval of the Brickwood Blacktown Enterprise Agreement 2023. The applicant, a company engaged in manufacturing, sought to have the agreement, which outlined terms and conditions for its employees, officially recognised and enforced. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved verifying that the agreement was made in good faith, involved genuine bargaining, and included essential terms and conditions.

The legal issues before the court were whether the enterprise agreement was genuinely negotiated, free from any form of coercion or pressure, and whether it contained all the necessary provisions required by law. Additionally, the court had to determine if the agreement complied with the procedural requirements set out in the Fair Work Act, including proper consultation and notice provisions. The court examined the evidence provided by both the employer and the employees' representatives to assess the legitimacy and fairness of the bargaining process.

The Fair Work Commission found that the agreement was indeed the result of genuine negotiations and was free from any improper influence. The court was satisfied that all necessary terms and conditions were included, and the procedural requirements were adhered to. Consequently, the court approved the Brickwood Blacktown Enterprise Agreement 2023. This decision validated the terms set forth in the agreement, which would now govern the employment conditions of the workers at Brickwood (NSW) Pty Ltd.

Full View Plastics Unit Trust T/A Brickwood (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established