DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovative Plastic Solutions Pty Ltd T/A Innovative Plastic Solutions
(AG2019/2381)

INNOVATIVE PLASTIC SOLUTIONS ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Innovative Plastic Solutions Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Innovative Plastic Solutions Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Innovative Plastic Solutions Pty Ltd T/A Innovative Plastic Solutions. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 15 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Innovative Plastic Solutions Pty Ltd, trading as Innovative Plastic Solutions, applied to the Fair Work Commission for approval of the Innovative Plastic Solutions Enterprise Agreement 2019-2023. The dispute centred around the terms of the agreement which had been negotiated between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission, with its authority under the Fair Work Act 2009, was tasked with determining whether the agreement met the criteria for registration as a registered agreement.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was made in good faith and without coercion. The Commission also needed to assess if the agreement was consistent with the objectives of the Act and the Fair Work (Registered Organisations) Act 2009, ensuring it did not discriminate against employees.

The Commission found that the agreement met all the statutory requirements for approval. It contained all the necessary mandatory terms, including minimum rates of pay, maximum hours of work, and provisions for leave. The Commission was satisfied that the agreement was made in good faith and without any element of coercion. Additionally, the agreement was deemed to be consistent with the objectives of the Act, promoting productive and harmonious workplace relations.

Following its assessment, the Commission approved the Innovative Plastic Solutions Enterprise Agreement 2019-2023, determining that it met all legal requirements for registration. The decision was made on the basis that the agreement adhered to the provisions of the Fair Work Act and did not contravene any other relevant legislation.

Innovative Plastic Solutions Pty Ltd T/A Innovative Plastic Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established