| [2021] FWCA 6512 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Graphic Packaging International Australia Converting Ltd T/A Graphic Packaging International Australia Converting Ltd
(AG2021/7709)
GRAPHIC PACKAGING INTERNATIONAL AUSTRALIA CONVERTING LIMITED (REGENTS PARK) WORKPLACE AGREEMENT 2021
Manufacturing and associated industries | |
COMMISSIONER P RYAN | SYDNEY, 2 NOVEMBER 2021 |
Application for approval of the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement 2021
[1] Graphic Packaging International Australia Converting Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
[3] The employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
[4] 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.
Section 183 Bargaining representatives
[5] 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 AMWU.
Approval
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2021. The nominal expiry date of the Agreement is 29 September 2022.
COMMISSIONER
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- AGLC
- Graphic Packaging International Australia Converting Ltd T/A Graphic Packaging International Australia Converting Ltd [2021] FWCA 6512
- Case
- [2021] FWCA 6512
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the workplace agreement complied with the requirements of the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith, as required by section 231 of the Act, and whether it included all the mandatory terms and conditions that the Act required. This included assessing whether the agreement provided adequate protections for employees' entitlements and conditions, and whether it met the standards of the applicable award or registered agreement.
In its decision, the FWC thoroughly examined the content of the workplace agreement and the process by which it was made. The Commission found that the agreement was indeed made in good faith and contained all the mandatory terms and conditions as required by the Act. The FWC considered evidence of the negotiation process and concluded that it was fair and transparent. Additionally, the FWC determined that the agreement provided appropriate protections for employees' entitlements and conditions, and that it met the standards of the relevant award. Based on these findings, the FWC approved the workplace agreement.
Consequently, the Fair Work Commission approved the Graphic Packaging International Australia Converting Limited (Regents Park) Workplace Agreement 2021, finding that it met all the legal requirements under the Fair Work Act. This decision confirmed the validity of the agreement and ensured that it could be implemented to regulate the employment conditions of the relevant employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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