Icon Plastics Pty Ltd Summary

[2013] FWCA 6590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Plastics Pty Ltd
(AG2013/2236)

ICON PLASTICS PTY. LTD. BRENDALE UNION COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Icon Plastics Pty. Ltd. Brendale Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Icon Plastics Pty. Ltd. Brendale Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 21 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Icon Plastics Pty Ltd sought approval of a new collective agreement with its employees represented by the Australian Manufacturing Workers’ Union. The application was heard by the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the terms of the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for a fair and reasonable method of determining rates of pay and other conditions of employment, and whether it contained provisions that were not contrary to public policy or industrial peace.

The FWC considered various provisions of the proposed agreement and assessed whether they met the statutory requirements. The FWC found that the agreement contained terms that were not consistent with the requirements of the Fair Work Act, particularly in relation to provisions that might allow for unreasonable variations in working conditions and the potential for employers to unfairly manipulate employment terms. The FWC also noted concerns about the potential for the agreement to undermine the existing industrial relations framework. Consequently, the FWC determined that the agreement did not meet the criteria for approval and dismissed the application.

The FWC did not make any orders as the application for approval was dismissed. The parties were advised to negotiate a revised agreement that complied with the requirements of the Fair Work Act.

Icon Plastics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established