DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2018/5796)

INTEGRATED PACKAGING AUSTRALIA PTY LTD PL&C PRODUCTION PL&C EMPLOYEES CHESTER HILL 2017 AGREEMENT

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DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MARCH 2019

Application for approval of the Integrated Packaging Australia Pty Ltd PL&C Production PL&C Employees Chester Hill 2017 Agreement.

[1] Integrated Packaging Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Integrated Packaging Australia Pty Ltd PL&C Production PL&C Employees Chester Hill 2017 Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 March 2019 and, in accordance with s 54, will operate from 19 March 2019. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd applied for the approval of the Integrated Packaging Australia Pty Ltd PL&C Production PL&C Employees Chester Hill 2017 Agreement. The respondents, who were employees, contested the application on various grounds. The matter was heard in the Fair Work Commission.

The central legal issue was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms for the employees, and if it was negotiated in good faith. The court also had to consider if the agreement complied with any relevant industrial instruments and if it provided for adequate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was fair and reasonable, and had been negotiated in good faith. The court considered the terms of the agreement and the submissions from both parties. It was satisfied that the agreement provided for appropriate dispute resolution mechanisms and complied with relevant industrial instruments. Consequently, the application was approved.

The Fair Work Commission approved the Integrated Packaging Australia Pty Ltd PL&C Production PL&C Employees Chester Hill 2017 Agreement. The respondents' objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act.

Integrated Packaging Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established