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
(AG2016/6029)

BRICKWOOD, NEW SOUTH WALES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Brickwood, New South Wales Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brickwood, New South Wales Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fullview Plastics Unit trust T/A Brickwood (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The National Union of Workers 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.

[4] The Agreement was approved on 9 November 2016 and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fullview Plastics Unit Trust T/A Brickwood (NSW) Pty Ltd applied to the Fair Work Commission for approval of the Brickwood, New South Wales Enterprise Agreement 2016. The application was contested by the Transport Workers Union of Australia (TWU). The TWU contended that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009, as it did not provide for a minimum of 10 days’ notice of termination of employment. The union argued that the agreement did not adequately protect employees' rights and interests.

The central issue before the Commission was whether the enterprise agreement adequately provided for a minimum period of notice of termination of employment, as required by section 230 of the Fair Work Act. The Commission considered whether the agreement met the statutory requirements for approval and whether it provided for minimum terms and conditions of employment that were no less favourable than the relevant awards or safety net award. The Commission also considered whether the agreement provided for the lawful termination of employment, including the provision of notice of termination.

In determining whether the agreement met the requirements of section 230 of the Fair Work Act, the Commission considered the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for a minimum of 10 days’ notice of termination of employment, as required by section 230 of the Fair Work Act. The Commission also found that the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant awards or safety net award. The Commission was satisfied that the agreement provided for the lawful termination of employment, including the provision of notice of termination.

Accordingly, the Commission approved the Brickwood, New South Wales Enterprise Agreement 2016, subject to the conditions set out in the order. The order provided that the agreement would come into effect on the date of the order and would remain in effect until 30 June 2021. The order also provided that the agreement could be varied or terminated by the parties in accordance with the agreement, or by the Fair Work Commission on application by either party.

Fullview Plastics Unit trust T/A Brickwood (NSW) 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