DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Plastics Pty Ltd
(AG2015/3281)

ICON PLASTICS PTY. LTD SEAFORD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JULY 2015

Application for approval of the Icon Plastics Pty. Ltd Seaford Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Icon Plastics Pty. Ltd Seaford Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icon Plastics Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 27 July 2015 and, in accordance with s.54, will operate from 3 August 2015. The nominal expiry date of the Agreement is 1 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Icon Plastics Pty Ltd was the subject of a dispute concerning the approval of the Seaford Enterprise Agreement 2015. The case was heard by the Fair Work Commission. The applicant, Icon Plastics, sought to have the agreement approved under the Fair Work Act 2009, which required the agreement to meet specific criteria, including being "better off overall" for employees and not undermining the safety net of minimum entitlements.

The primary legal issue before the Commission was whether the proposed agreement satisfied the "better off overall" test, as well as whether it complied with the requirements of the Fair Work Act. This involved assessing the financial and non-financial benefits of the agreement against the backdrop of existing awards and enterprise agreements, and ensuring that the agreement did not diminish the safety net provided by the minimum standards.

In its decision, the Commission considered the evidence presented by both parties and examined the terms of the agreement in detail. It found that the agreement provided for a number of benefits to employees, including increased wages and improved conditions. The Commission also noted that the agreement contained provisions that ensured employees were not worse off in terms of their existing conditions. After a thorough analysis, the Commission concluded that the agreement met the "better off overall" test and did not undermine the safety net of minimum entitlements. Therefore, the Commission approved the application for the agreement.

The Fair Work Commission ordered that the Icon Plastics Pty Ltd Seaford Enterprise Agreement 2015 be approved as a registered agreement. This decision was based on the finding that the agreement provided employees with benefits that were better than their existing conditions and did not diminish the safety net of minimum entitlements. The approval of the agreement was effective from the date of the decision, and it would govern the employment terms of the relevant employees for the duration specified in the agreement.

Icon Plastics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established