DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Plastics Pty Ltd T/A Icon Plastics
(AG2016/5689)

ICON PLASTICS PTY. LTD. BRENDALE UNION COLLECTIVE AGREEMENT

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Icon Plastics Pty. Ltd. Brendale Union Collective Agreement (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 T/A Icon Plastics. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] 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] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Icon Plastics Pty Ltd, trading as Icon Plastics, brought an application before the Fair Work Commission for approval of the Icon Plastics Pty Ltd Brendale Union Collective Agreement. The matter was heard by Commissioner A. J. O’Rourke who was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union (AMWU), who argued that the agreement did not meet certain statutory requirements.

The key legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, and if it was made in good faith and without coercion. The AMWU contended that the agreement did not include all required terms and conditions, specifically those relating to penalty rates for certain shift differentials and the incorporation of industry-wide award provisions. Additionally, the AMWU claimed that the agreement was not made in good faith due to alleged coercion by the employer.

Commissioner O'Rourke began by examining the content of the agreement and found that it included all the mandated terms and conditions as required by the Fair Work Act. The Commissioner also considered the process by which the agreement was negotiated and concluded that there was no evidence of coercion. The Commissioner found that the agreement was made in good faith and that it complied with the statutory requirements for approval. Consequently, the application for approval of the Icon Plastics Pty Ltd Brendale Union Collective Agreement was approved.

The final orders of the Commission were that the Icon Plastics Pty Ltd Brendale Union Collective Agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would remain in effect until it was replaced or terminated in accordance with the Act. The AMWU's objections were dismissed, and the employer was authorised to implement the approved agreement.

Icon Plastics Pty Ltd T/A Icon Plastics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established