DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovia Films (Asia Pacific) Pty Ltd
(AG2016/6623)

INNOVIA FILMS (ASIA PACIFIC) PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Innovia Films (Asia Pacific) Pty Ltd and National Union of Workers Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Innovia Films (Asia Pacific) Pty Ltd and National Union of Workers Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Innovia Films (Asia Pacific) Pty Ltd. 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] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 16 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Innovia Films (Asia Pacific) Pty Ltd and the National Union of Workers. The dispute related to the approval of the Enterprise Agreement 2016 - 2019. The case was heard by the Fair Work Commission, which has jurisdiction over such matters. The National Union of Workers sought approval of the enterprise agreement, which Innovia Films contested on several grounds.

The primary legal issues the court had to address were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the fair and efficient determination of employees' terms and conditions of employment, and whether it was free from prohibited content. Innovia Films argued that the agreement did not meet these criteria, particularly with respect to certain provisions concerning employee entitlements and dispute resolution mechanisms.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the enterprise agreement in detail. The Commission found that the agreement, while not perfect, did provide for the fair and efficient determination of employees' terms and conditions of employment and did not contain prohibited content. The Commission approved the agreement, highlighting that it balanced the interests of both employers and employees. The court did, however, make several modifications to specific clauses to ensure compliance with the Act.

The final orders of the Commission were that the Innovia Films (Asia Pacific) Pty Ltd and National Union of Workers Enterprise Agreement 2016 - 2019 be approved with modifications to specific clauses. These modifications were aimed at ensuring compliance with the Fair Work Act 2009 and maintaining a fair balance between the interests of both employers and employees.

Innovia Films (Asia Pacific) 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