DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2015/2036)

INTEGRATED PACKAGING AUSTRALIA PTY LTD MAINTENANCE EMPLOYEES CHESTER HILL 2014 AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Integrated Packaging Australia Pty Ltd Maintenance Employees Chester Hill 2014 Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Australia Pty Ltd Maintenance Employees Chester Hill 2014 Agreement (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 1 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd was involved in a dispute with a group of its maintenance employees, which was brought before the Fair Work Commission. The employees sought approval for a workplace agreement, the Integrated Packaging Australia Pty Ltd Maintenance Employees Chester Hill 2014 Agreement, which aimed to regulate their employment terms and conditions. The central issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the criteria for an enterprise agreement. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms, and whether it adhered to the provisions of the Act, including the requirement that it be certified by the Fair Work Commission.

The Commission carefully examined the terms of the proposed agreement, focusing on the provisions relating to wages, hours of work, and other employment conditions. It assessed whether the agreement contained terms that were fair and reasonable in all aspects, taking into account the relevant industry benchmarks and the need to ensure that the agreement did not undermine the rights and protections afforded to employees under the National Workplace Relations System. The Commission also considered the process by which the agreement was negotiated and whether the agreement genuinely reflected the outcome of that process.

After thorough consideration of the evidence and submissions, the Commission concluded that the proposed agreement did meet the statutory requirements for an enterprise agreement. It found that the agreement contained terms that were fair and reasonable, and that it had been negotiated in good faith. The Commission was satisfied that the agreement did not undermine the protections and entitlements provided under the National Workplace Relations System. Accordingly, the Commission approved the agreement, confirming its validity and enforceability under the Fair Work Act 2009.

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