DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graphic Packaging International Australia Converting Ltd
(AG2019/1053)

GRAPHIC PACKAGING INTERNATIONAL AUSTRALIA CONVERTING LTD (BRAESIDE) WORKPLACE AGREEMENT 2019

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 15 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Graphic Packaging International Australia Converting Ltd (Braeside) 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] The Employer 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 “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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 26 – Long Service Leave

• Clause 27 – Redundancy

• Provisions relating Parental Leave and Public Holidays found in the Graphic Arts General Award 2000 which is incorporated at clause 6.1 of the Agreement.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Graphic Packaging International Australia Converting Ltd, sought approval of the Graphic Packaging International Australia Converting Ltd (Braeside) Workplace Agreement 2019. The respondents, Australian Manufacturing Workers Union and a number of individual employees, opposed the application. The dispute centred around the terms and conditions of employment in the workplace agreement, with particular attention to aspects such as wages, hours of work, leave provisions, and dispute resolution mechanisms.

The legal issues before the Commission involved determining whether the workplace agreement complied with the requirements set out in the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it was free from coercion, and if it provided for the proper classification of employees. Additionally, the Commission had to consider whether the agreement covered all necessary aspects of the employment relationship and if it provided for fair and reasonable terms and conditions.

The Commission carefully examined the evidence presented by both parties and considered the provisions of the workplace agreement in light of the statutory requirements. After thorough deliberation, the Commission concluded that the workplace agreement was made in good faith and without any coercion. The terms and conditions of employment were found to be fair and reasonable, and the agreement comprehensively covered all necessary aspects of the employment relationship. The Commission approved the workplace agreement, finding it to be compliant with the relevant legislation.

The final orders of the Commission included the approval of the Graphic Packaging International Australia Converting Ltd (Braeside) Workplace Agreement 2019, subject to the terms and conditions outlined in the agreement itself. The respondents' objections were dismissed, and the agreement was certified as meeting the necessary legal standards for approval.

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