Graphic Packaging International Australia Converting Ltd Summary

[2022] FWCA 4469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Graphic Packaging International Australia Converting Ltd

(AG2022/5109)

GRAPHIC PACKAGING INTERNATIONAL AUSTRALIA CONVERTING LIMITED (REGENTS PARK) WORKPLACE AGREEMENT 2022

Graphic Arts
COMMISSIONER P RYAN	SYDNEY, 16 DECEMBER 2022

Application for approval of the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement2022

Graphic Packaging International Australia Converting Ltd (Employer) has made an application for approval of an enterprise agreement known as the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

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.

Section 183 Bargaining Representative

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 FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 23 December 2022. The nominal expiry date of the Agreement is 29 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Graphic Packaging International Australia Converting Limited sought approval of a workplace agreement from the Fair Work Commission. The company aimed to finalise a new enterprise agreement with its employees, which would replace an existing agreement. The primary dispute centred around the terms and conditions of the new workplace agreement, particularly regarding wage rates, hours of work, and other employment terms. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements and whether it was in the best interests of the employees.

The court examined several legal issues, including whether the agreement provided fair and reasonable terms for the employees. This involved scrutinising the agreement against the Fair Work Act 2009 to ensure it complied with the provisions regarding procedural fairness, good faith bargaining, and the protection of employees' rights. Additionally, the court considered whether the agreement was genuinely negotiated between the parties and if it met the requirements for "better-off overall" and "no disadvantage" tests. The court also had to assess whether the agreement provided adequate protections for employees, particularly in light of any potential changes to their working conditions.

The Fair Work Commission found that the proposed workplace agreement was negotiated in good faith and provided fair and reasonable terms for the employees. The agreement was deemed to be better-off overall for the employees, as it included improvements in wages and other benefits. The court concluded that the agreement met all statutory requirements and was in the best interests of the employees. As a result, the Fair Work Commission approved the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement 2022. The approval ensures that the new agreement will govern the terms and conditions of employment for the employees of the company, replacing the previous enterprise agreement.

Graphic Packaging International Australia Converting Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established