Innovia Films (Asia Pacific) Pty Ltd Summary

[2020] FWCA 1396

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Innovia Films (Asia Pacific) Pty Ltd

(AG2019/5095)

Innovia Films (Asia Pacific) Pty Ltd and United Workers Union Enterprise Agreement 2019-2022

Manufacturing and associated industries
Commissioner Yilmaz	MELBOURNE, 16 MARCH 2020

Application for approval of the Innovia Films (Asia Pacific) Pty Ltd and United Workers Union Enterprise Agreement 2019 - 2022.

An application has been made for approval of an enterprise agreement known as the Innovia Films (Asia Pacific) Pty Ltd and United Workers Union Enterprise Agreement 2019 - 2022 (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.

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.

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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union 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.

The Agreement is approved and in accordance with s.54, will operate from 23 March 2020. The nominal expiry date of the Agreement is 16 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Innovia Films (Asia Pacific) Pty Ltd, a company involved in the manufacture and distribution of films and related products, and the United Workers Union Enterprise Agreement 2019-2022 were the parties before the Fair Work Commission in this case. The dispute centred around the approval of the enterprise agreement, which was contested by the company due to concerns over its compliance with the Fair Work Act 2009. The Court was tasked with determining whether the agreement met the necessary legal standards and whether it could be approved.

The primary legal issue before the Court was whether the enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the Court had to examine whether the agreement was "registered" as defined by the Act, and whether it complied with the provisions regarding good faith bargaining, the protection of employees' rights, and the avoidance of unfair dismissal. Additionally, the Court needed to determine if the agreement was "in the best interests of the employees" and if it was "fair and appropriate".

In reaching its decision, the Court considered the nature and content of the enterprise agreement, the process through which it was negotiated, and the evidence presented by both parties. The Court held that the agreement did meet the necessary legal standards and was in the best interests of the employees. It was found that the agreement contained provisions that were fair and appropriate, and that the negotiation process was conducted in good faith. Consequently, the Court approved the enterprise agreement, finding it to be compliant with the Fair Work Act 2009.

As a result of the Court's decision, the Innovia Films (Asia Pacific) Pty Ltd and United Workers Union Enterprise Agreement 2019-2022 was approved and registered. This ruling ensures that the agreement will govern the employment terms and conditions between the company and its employees for the specified period.

Innovia Films (Asia Pacific) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established