DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2015/1692)

INTEGRATED PACKAGING AUSTRALIA PTY LTD PRODUCTION EMPLOYEES CHESTER HILL 2014 AGREEMENT

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COMMISSIONER CAMBRIDGE	SYDNEY, 12 FEBRUARY 2015

Application for approval of the INTEGRATED PACKAGING AUSTRALIA PTY LTD PRODUCTION EMPOYEES CHESTER HILL 2014 AGREEMENT.

[1] An application has been made for approval of an enterprise agreement known as theINTEGRATED PACKAGING AUSTRALIA PTY LTD PRODUCTION EMPLOYEES CHESTER HILL 2014 AGREEMENT (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steven McAleer on behalf of Integrated Packaging Australia Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 20 January 2015. The application included a Statutory Declaration of Steven McAleer made on behalf of the Employer and dated 16 January 2015 (the Declaration). The Declaration stated that the Agreement was made on 13 January 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 12 February 2015. I note that the file has included a Statutory Declaration of Robyn Fortescue made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 36 and a consultation term at clause 20 and Appendix E.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 19 February 2015. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Integrated Packaging Australia Pty Ltd sought the approval of the Production Employees Chester Hill 2014 Agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, which needed to determine whether the agreement met the criteria for approval under the Act. The main issue before the Commission was whether the agreement had been made in the course of genuine collective bargaining between the employer and the employees, and whether it contained provisions that were contrary to the public interest.

The Fair Work Commission found that the agreement had been made in the course of genuine collective bargaining. The employer and the employees had engaged in a process of negotiation that was free from coercion, duress, and any other form of unfair labour practice. The Commission also found that the agreement contained provisions that were not contrary to the public interest. The agreement included provisions for the protection of employees' rights and entitlements, as well as provisions for the resolution of disputes between the employer and employees. The Commission concluded that the agreement was in the best interests of the employees and the employer, and was therefore approved.

The Fair Work Commission approved the Production Employees Chester Hill 2014 Agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included the removal of certain provisions that were found to be contrary to the public interest, as well as the addition of certain provisions to ensure that the agreement met the requirements of the Act. The Commission also made orders to ensure that the agreement was properly implemented and enforced.

Integrated Packaging Australia Pty Ltd

DECISION

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