DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2019/644)

THE INTEGRATED PACKAGING AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH - CHESTER HILL AGREEMENT 2017

Storage services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 AUGUST 2019

Application for approval of The Integrated Packaging Australia Pty Ltd and National Union of Workers, New South Wales Branch - Chester Hill Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Integrated Packaging Australia Pty Ltd and National Union of Workers, New South Wales Branch - Chester Hill Agreement 2017 (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] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 31 December 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Integrated Packaging Australia Pty Ltd, sought approval of a proposed enterprise agreement with the National Union of Workers, New South Wales Branch - Chester Hill. The dispute was heard in the Fair Work Commission, where the primary issue was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the fair and efficient operation of the workplace and included provisions that were necessary for a safe and healthy working environment.

The legal issues at hand involved ensuring that the agreement was not contrary to the public interest, that it included the mandated minimum entitlements, and that it was made in good faith. The Commission also considered if the agreement contained any provisions that might have an adverse effect on employees' rights to freedom of association. The parties presented arguments concerning whether the proposed agreement struck an appropriate balance between the needs of the employer and the rights of the employees.

In reaching its decision, the Commission emphasised the importance of ensuring that the agreement provided for fair and efficient workplace operations while also protecting the rights of employees. The Commission found that the proposed agreement met all legislative requirements and did not contain any provisions that would be contrary to the public interest or detrimental to employee rights. Consequently, the Commission approved the proposed agreement, recognising its compliance with the Fair Work Act 2009 and its potential to foster a cooperative and productive workplace.

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