Fullview Plastics Unit trust T/A Brickwood (NSW) Pty Ltd Summary

[2014] FWCA 1079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fullview Plastics Unit trust T/A Brickwood (NSW) Pty Ltd
(AG2013/12878)

BRICKWOOD, NEW SOUTH WALES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 FEBRUARY 2014

Application for approval of the Brickwood, New South Wales Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brickwood, New South Wales Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The National Union of Workers, New South Wales Branch being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 24 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fullview Plastics Unit trust T/A Brickwood (NSW) Pty Ltd recently applied to the Federal Circuit Court of Australia for the approval of the Brickwood, New South Wales Enterprise Agreement 2013. The applicant, Fullview Plastics, is seeking to have the agreement approved under the Fair Work Act 2009. The agreement was negotiated between Fullview Plastics and the relevant union, and the application was brought before the court to determine if it should be approved as a registered agreement.

The court was required to consider several legal issues in determining whether to approve the agreement. These issues included whether the agreement met the criteria for approval under the Fair Work Act, such as whether it was made in good faith and whether it provided for the proper regulation of employees' terms and conditions of employment. The court was also required to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees.

After considering the evidence and submissions from both parties, the court found that the agreement met the criteria for approval under the Fair Work Act. The court was satisfied that the agreement was made in good faith and provided for the proper regulation of employees' terms and conditions of employment. The court also found that the agreement provided for fair and reasonable terms and conditions of employment, and was in the best interests of the employees. As a result, the court approved the agreement and registered it under the Fair Work Act.

In summary, Fullview Plastics successfully applied to the Federal Circuit Court of Australia for the approval of the Brickwood, New South Wales Enterprise Agreement 2013. The court found that the agreement met the criteria for approval under the Fair Work Act and was in the best interests of the employees. The agreement was approved and registered by the court, providing certainty and stability for both the employer and employees.

Fullview 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