Guala Closures Australia Pty Ltd Summary

[2018] FWCA 7571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Guala Closures Australia Pty Ltd

(AG2018/3282)

GUALA CLOSURES AUSTRALIA MELBOURNE ENTERPRISE AGREEMENT 2018

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 DECEMBER 2018

Application for approval of the Guala Closures Australia Melbourne Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Guala Closures Australia Melbourne Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Guala Closures Australia Pty Ltd. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause7.3 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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 13 December 2018 and, in accordance with s.54, will operate from 20 December 2018. The nominal expiry date of the Agreement is 13 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Guala Closures Australia Pty Ltd was before the Fair Work Commission, where the company sought approval for the Guala Closures Australia Melbourne Enterprise Agreement 2018. The dispute centred on the fairness and effectiveness of the proposed agreement, which was to govern the employment conditions of the company's workers in Melbourne. The application for approval was brought forth by the company, while the Australian Manufacturing Workers' Union contested the application on several grounds, primarily arguing that the agreement did not adequately address certain employee protections and entitlements.

The legal issues before the commission included whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, specifically focusing on provisions concerning minimum wages, conditions, and dispute resolution mechanisms. The union argued that the agreement fell short in providing sufficient protections for employees, particularly regarding casual employment conditions and the handling of disputes. The company, on the other hand, maintained that the agreement was fair and balanced, meeting all legislative requirements and reflecting the needs of both the business and its workforce.

The commission carefully reviewed the agreement, taking into account the submissions from both parties. It assessed whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the statutory criteria for enterprise agreements. After thorough consideration, the commission found that while the agreement generally met the legislative requirements, there were certain areas of concern that needed to be addressed to ensure fairness and compliance. The commission ultimately approved the agreement with minor modifications to better align with the statutory framework and address the union's concerns.

Guala Closures Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established