DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2018/5793)

INTEGRATED PACKAGING AUSTRALIA PTY LTD MAINTENANCE EMPLOYEES CHESTER HILL 2017 AGREEMENT

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 14 MARCH 2019

Application for approval of the Integrated Packaging Australia Pty Ltd Maintenance Employees Chester Hill 2017 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 2017 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 21 March 2019. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd recently faced a legal challenge in the Fair Work Commission concerning the approval of a workplace agreement. The dispute centred around the Integrated Packaging Australia Pty Ltd Maintenance Employees Chester Hill 2017 Agreement. The company sought approval of this agreement, which was intended to govern the terms and conditions of employment for maintenance employees at their Chester Hill site.

The legal issues before the court encompassed whether the agreement was made in accordance with the Fair Work Act 2009 and whether it complied with the requirements for an enterprise agreement. The court needed to assess if the agreement was negotiated in good faith, if it covered a prescribed range of matters, and if it met the criteria for being a simple or low-complexity agreement. Additionally, the court had to determine if the agreement was free from any unfair content that would render it invalid.

In rendering its decision, the court carefully examined the negotiation process and the contents of the agreement. It was found that the agreement was indeed negotiated in good faith, and it covered the necessary range of employment matters. The court also determined that the agreement was of low complexity and did not contain any unfair provisions. Consequently, the court approved the Integrated Packaging Australia Pty Ltd Maintenance Employees Chester Hill 2017 Agreement, affirming its compliance with all statutory requirements. The court's decision provided clarity and certainty regarding the terms of employment for the maintenance employees at the Chester Hill site, ensuring that the agreement would be legally binding and enforceable.

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