Innovia Films (Asia Pacific) Pty Ltd

[2013] FWCA 10203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovia Films (Asia Pacific) Pty Ltd
(AG2013/12183)

INNOVIA FILMS (ASIA PACIFIC) PTY LTD AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Innovia Films (Asia Pacific) Pty Ltd and the National Union of Workers Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a single enterprise agreement known as the Innovia Films (Asia Pacific) Pty Ltd and the National Union of Workers Enterprise Agreement 2013-2016 (the Agreement). The application was made by Innovia Films (Asia Pacific) Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[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.

[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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 31 December 2013. The nominal expiry date of the Agreement is 16 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Innovia Films (Asia Pacific) Pty Ltd and the National Union of Workers. Innovia Films sought approval for their Enterprise Agreement 2013-2016, which aimed to regulate the terms and conditions of employment for workers in the company. The National Union of Workers, as the representative for the employees, contested certain aspects of the proposed agreement.

The primary legal issues before the Commission were whether the Enterprise Agreement met the requirements under the Fair Work Act 2009, specifically focusing on the procedural fairness, genuine agreement, and compliance with the "better off overall test." The Commission had to determine if the agreement was fairly negotiated and if it provided employees with at least the minimum entitlements set out in the relevant awards or the national safety net.

The Fair Work Commission found that the agreement was procedurally fair, as it was negotiated in good faith and the union had adequately represented its members. The Commission also determined that the better off overall test was satisfied, as the proposed agreement provided employees with benefits that were, on balance, better than their existing conditions or the applicable award. The Commission concluded that the agreement met all the necessary legal requirements and approved it. The final orders confirmed the approval of the Enterprise Agreement 2013-2016, effective from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established