DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graphic Packaging International Australia Converting Ltd
(AG2019/2362)

GRAPHIC PACKAGING INTERNATIONAL AUSTRALIA CONVERTING LIMITED (REGENTS PARK) WORKPLACE AGREEMENT 2019

Graphic Arts
COMMISSIONER JOHNS	SYDNEY, 23 JULY 2019

Application for approval of the Graphic Packaging International Australia Converting Ltd (Regents Park) Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Graphic Packaging International Australia Converting Ltd (Regents Park) Workplace Agreement 2019 (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 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 “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.

[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2019. The nominal expiry date of the Agreement is 29 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Graphic Packaging International Australia Converting Ltd sought approval of a workplace agreement under the Fair Work Act 2009. The application was before the Fair Work Commission. The respondents to the application were various trade unions, including the Australian Manufacturing Workers Union and the Australian Services Union. The dispute centred around the validity and compliance of the proposed workplace agreement with the legislative framework governing workplace relations.

The legal issues before the Commission involved the interpretation of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The primary concerns were whether the agreement had been made fairly and in good faith, and whether it met the requirements for registration under the legislation. The unions argued that the agreement did not adequately protect employees and that the process for its negotiation and approval was flawed.

The Commission examined the process by which the agreement was negotiated, the content of the agreement, and its compliance with the relevant legislative provisions. It assessed whether the agreement was made without undue influence, coercion, or pressure, and whether it provided fair and reasonable terms for the employees. The Commission also considered whether the agreement complied with the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under the previous agreement or applicable award.

In its decision, the Commission found that the agreement was made fairly and in good faith and met the necessary requirements for registration. The Commission approved the workplace agreement, noting that it provided reasonable terms and conditions for the employees and met the better off overall test. The unions' objections were not upheld, and the application for approval was successful. The Commission's decision was based on the evidence presented and the application of the relevant legislative provisions.

Graphic Packaging International Australia Converting Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established