Integrated Packaging Australia Pty Ltd

[2021] FWCA 6346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2021/7702)

INTEGRATED PACKAGING AUSTRALIA PTY LTD (EXTRUSION) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 OCTOBER 2021

Application for approval of the Integrated Packaging Australia Pty Ltd (Extrusion) and United Workers Union Enterprise Agreement 2019 - 2023

[1] Integrated Packaging Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Integrated Packaging Australia Pty Ltd (Extrusion) and United Workers Union Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 October 2021 and, in accordance with s 54, will operate from 28 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Integrated Packaging Australia Pty Ltd, sought approval for an enterprise agreement with the United Workers Union. The application was heard by the Fair Work Commission (FWC) and the matter was concerned with the terms and conditions of employment for employees under the proposed agreement. The FWC was required to determine whether the agreement met the requirements of the Fair Work Act 2009 (Cth) and was in the best interests of the employees.

The key legal issue before the FWV was whether the proposed agreement complied with the requirements of the Fair Work Act 2009 (Cth), including whether it met the ‘better off overall test’ and whether it was appropriately certified by the relevant union. Additionally, the FWC needed to consider whether the agreement was in the best interests of the employees.

The FWC found that the agreement met the statutory requirements of the Fair Work Act 2009 (Cth) and was appropriately certified by the union. The FWC also determined that the agreement was in the best interests of the employees, as it provided them with better pay and conditions than they would have received under the applicable award. The FWC approved the agreement, finding that it met the better off overall test and was in the best interests of the employees. The court determined that the agreement was fair and reasonable and should be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established