DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2015/5772)

INTEGRATED PACKAGING AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH CHESTER HILL AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the Integrated Packaging Australia Pty Ltd and National Union of Workers, New South Wales Branch Chester Hill Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Australia Pty Ltd and National Union of Workers, New South Wales Branch Chester Hill Agreement 2014 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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. 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] 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.

[5] The Agreement was approved on 5 November 2015 and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd applied to the Federal Circuit Court for approval of a workplace agreement with the National Union of Workers, New South Wales Branch Chester Hill. The dispute centred around the terms of the proposed agreement and whether it complied with the Fair Work Act 2009. The Federal Circuit Court was tasked with determining the validity and enforceability of the agreement, including its compliance with the relevant statutory provisions.

The primary legal issues the court had to decide were whether the agreement was a "registered agreement" under the Fair Work Act, and if it complied with the procedural requirements for approval. This included verifying that the agreement was made in good faith, that there was genuine bargaining between the parties, and that the agreement was fairly and accurately recorded. Additionally, the court needed to assess whether the agreement met the substantive requirements, such as ensuring it did not disadvantage employees unduly.

In delivering its judgment, the court examined the evidence provided and the procedural fairness of the agreement's creation. It found that the agreement was properly negotiated and recorded, and that it did not disadvantage employees. The court was satisfied that the agreement met the criteria for approval under the Fair Work Act, confirming it as a valid registered agreement. The court's reasoning was grounded in a detailed analysis of the agreement's terms and the evidence presented regarding the bargaining process.

The court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act. This decision provided clarity and certainty for both parties, ensuring that the terms of the agreement could be implemented without further legal challenges.

Integrated Packaging Australia 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