DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2021/4395)

INTEGRATED PACKAGING AUSTRALIA (WORKSHOP) ENTERPRISE AGREEMENT 2020

Rubber, plastic and cable making industry
COMMISSIONER CIRKOVIC	MELBOURNE, 29 APRIL 2021

Application for approval of the Integrated Packaging Australia (Workshop) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Australia (Workshop) Enterprise Agreement 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 Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Australian Manufacturing Workers Union 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.

[4] The Agreement was approved on 29 April 2021 and, in accordance with s.54, will operate from 6 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd recently applied to the Fair Work Commission for the approval of the Integrated Packaging Australia (Workshop) Enterprise Agreement 2020. The agreement was intended to govern the employment conditions of various employees within the company. The application came before the Commission to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The key legal issues involved examining whether the agreement provided fair and reasonable terms for the employees and whether the agreement was made in good faith.

The Commission examined the process by which the agreement was negotiated, considering whether there was adequate representation of the employees and whether the agreement was made without coercion. The Commission also assessed whether the agreement provided adequate protections and benefits for the employees, taking into account the current industrial environment and the needs of the workforce. Furthermore, the Commission looked at whether the agreement complied with relevant provisions of the Fair Work Act, including provisions concerning unfair dismissal and the terms of employment.

After thorough consideration of the evidence and submissions, the Commission determined that the agreement met the criteria for approval. The Commission found that the negotiation process was fair and that the agreement provided reasonable terms and conditions for the employees. The Commission concluded that the agreement was made in good faith and provided appropriate protections and benefits. As a result, the application for approval was successful, and the agreement was approved as a registered enterprise agreement 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