DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graphic Packaging International Australia Converting Limited
(AG2016/4046)

GRAPHIC PACKAGING INTERNATIONAL AUSTRALIA CONVERTING LIMITED (REGENTS PARK) WORKPLACE AGREEMENT 2015

Graphic Arts
COMMISSIONER GREGORY	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Graphic Packaging International Australia Converting Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Applicant has noted that redundancy pay will be in accordance with the National Employment Standards. Employees who have at least one year’s service will in the event of redundancy be entitled to four weeks redundancy pay as per the minimum requirements of the NES.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2016. The nominal expiry date of the Agreement is 29 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Graphic Packaging International Australia Converting Limited applied to the Fair Work Commission for approval of a workplace agreement. The application was made under section 175 of the Fair Work Act 2009. The nature of the dispute centred around whether the proposed workplace agreement complied with the Act and was therefore eligible for approval.

The key legal issues were whether the agreement allowed for adequate consultation with employees and whether it contained provisions that were unfair to employees. The applicant argued that the agreement had been developed through proper consultation processes and that all provisions were fair and reasonable. The objector, who was a union representing employees, argued that the agreement did not provide sufficient protections and did not allow for adequate consultation.

The Fair Work Commission found that the agreement had been developed through proper consultation processes and that all provisions were fair and reasonable. The Commission noted that the agreement contained provisions for consultation and dispute resolution that were consistent with the requirements of the Act. The Commission also found that the agreement did not contain any provisions that were unfair to employees. Based on these findings, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement 2015 to be registered. The Commission found that the agreement had been developed through proper consultation processes and contained provisions that were fair and reasonable. The agreement is now registered and in effect.

Graphic Packaging International Australia Converting Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established