DECISION

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

Integrated Packaging Australia Pty Ltd
(AG2020/3810)

INTEGRATED PACKAGING AUSTRALIA PTY LTD PL&C PRODUCTION PL&C EMPLOYEES CHESTER HILL 2020 AGREEMENT

Graphic Arts
COMMISSIONER CIRKOVIC	MELBOURNE, 18 JANUARY 2021

Application for approval of the Integrated Packaging Australia Pty Ltd PL&C Production PL&C Employees Chester Hill 2020 Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Australia Pty Ltd PL&C Production PL&C Employees Chester Hill 2020 Agreement (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 employer 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] On the basis of the material contained in the application and accompanying declaration, 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 4.1.2(e)(ii);

• Clause 28.2(g); and

• Clauses 4.2.2(b), 4.2.6(c), 7.5.3, 7.5.6(a) and 7.5.6(b) of the incorporated Graphic Arts General Award 2000.

[6] However, noting clause 5(b) of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 18 January 2021 and, in accordance with s.54, will operate from 25 January 2021. The nominal expiry date of the Agreement is 1 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd applied to the Fair Work Commission for approval of a workplace agreement. The proposed agreement, titled the "PL&C Production PL&C Employees Chester Hill 2020 Agreement", was to be applied to certain employees of Integrated Packaging Australia Pty Ltd. The dispute centred on the terms of the proposed agreement and its compliance with relevant industrial laws.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the mandatory terms set out in section 235 of the Act and if it had been made in accordance with the procedural requirements outlined in section 231. Additionally, the Commission examined if the agreement was consistent with the overarching objectives of the Fair Work Act to promote harmonious, productive and cooperative workplace relations.

In reaching its decision, the Commission considered the content of the proposed agreement and the submissions made by the parties. The Commission found that the agreement contained all the mandatory terms required by the Act and was made in compliance with the procedural requirements. Furthermore, the Commission was satisfied that the agreement would promote the objectives of the Act by facilitating cooperative and productive workplace relations. As a result, the Commission approved the agreement.

The Fair Work Commission approved the "PL&C Production PL&C Employees Chester Hill 2020 Agreement" as a registered workplace agreement, effective from the date of registration.

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