DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia P/L
(AG2018/470)

INTEGRATED PACKAGING AUSTRALIA COLLECTIVE WORKSHOP AGREEMENT 2017-2020

Rubber, plastic and cable making industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 AUGUST 2018

Application for approval of the Integrated Packaging Australia Collective Workshop Agreement 2017-2020

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Australia Collective Workshop Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Packaging Australia P/L. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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] The Agreement lodged contained a typographical error at clause 3.1.2.4 and clause 3.1.2.5. On 15 August 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 28 August 2018 and, in accordance with s.54, will operate from 4 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Integrated Packaging Australia P/L, the applicant, sought approval of the Integrated Packaging Australia Collective Workshop Agreement 2017-2020. The applicant argued that the agreement was suitable for registration as it met the criteria under section 178 of the Fair Work Act 2009. The applicant submitted that the agreement was appropriate for registration and met the requirements of the Act, including the good faith requirement under section 178(1)(c).

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement complied with the good faith requirement, which was set out in section 178(1)(c) of the Act. The court needed to determine whether the agreement was made in good faith and whether it met the other statutory requirements for approval.

The court found that the agreement was made in good faith and met the requirements of the Act. It noted that the agreement was negotiated in an environment free from coercion and that it contained provisions that were fair and reasonable. The court also found that the agreement complied with the other statutory requirements for approval, including the requirement that it be in writing and signed by the parties. As such, the court approved the agreement for registration.

The court ordered that the Integrated Packaging Australia Collective Workshop Agreement 2017-2020 be approved for registration under section 177 of the Fair Work Act 2009. The agreement was registered on the date of the decision, and it will remain in effect until the end of its term, which is 30 June 2020.

Integrated Packaging Australia P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established