Integrated Packaging Australia Pty Ltd

Case [2020] FWCA 7020


[2020] FWCA 7020
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2020/3813)

INTEGRATED PACKAGING AUSTRALIA PTY LTD MAINTENANCE EMPLOYEES CHESTER HILL 2020 AGREEMENT

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 23 DECEMBER 2020

Application for approval of the Integrated Packaging Australia Pty Ltd Maintenance 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 Maintenance 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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 1 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509947  PR725796>

Details
AGLC
Integrated Packaging Australia Pty Ltd [2020] FWCA 7020
Case
[2020] FWCA 7020
Decision Date

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd applied to the Fair Work Commission for approval of the Integrated Packaging Australia Pty Ltd Maintenance Employees Chester Hill 2020 Agreement. The agreement was intended to apply to its maintenance employees at the Chester Hill site. The applicant argued that the agreement was in the best interests of the employees and the business. The applicant also submitted that the agreement contained appropriate provisions to protect the employees' rights.

The legal issues the court had to decide were whether the agreement was in the best interests of the employees and whether it contained appropriate provisions to protect their rights. The court considered whether the agreement provided for fair and reasonable terms and conditions, and whether it provided adequate protections for the employees. The court also considered whether the agreement was consistent with the principles of the Fair Work Act 2009.

The court found that the agreement was in the best interests of the employees and contained appropriate provisions to protect their rights. The court noted that the agreement provided for fair and reasonable terms and conditions, and that it provided adequate protections for the employees. The court also found that the agreement was consistent with the principles of the Fair Work Act 2009. The court approved the agreement, subject to certain conditions.

The court ordered that the agreement be approved, with the condition that the applicant must provide written confirmation to the Fair Work Commission within 28 days of the approval that the agreement had been made available to all affected employees. The court also ordered that the applicant must provide written confirmation to the Fair Work Commission within 28 days of the approval that the agreement had been made available to all affected employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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