DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd T/A Integrated Packaging
(AG2019/4280)

PLASTICS WORKERS INTEGRATED PACKAGING KIRRAWEE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JANUARY 2020

Application for approval of the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2018 (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 T/A Integrated Packaging. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian 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.

[6] The Agreement was approved on 21 January 2020 and, in accordance with s.54, will operate from 28 January 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd, trading as Integrated Packaging, applied to the Fair Work Commission for approval of the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2018. The application involved the standard procedural steps required under the Fair Work Act 2009 for the approval of an enterprise agreement. The Plastics Workers Union, representing employees, did not oppose the application. The central legal issue was whether the agreement met the criteria for registration under the Fair Work Act 2009, including whether it complied with the procedural requirements and substantive provisions of the Act.

The Fair Work Commission assessed the application by examining the procedural fairness of the agreement's creation, the proper consultation process, and the compliance with the substantive provisions of the Act. The Commission noted the absence of opposition from the union and the provision of all necessary documentation by the employer. It confirmed that the agreement had been made in good faith, was properly negotiated, and adhered to the mandatory requirements of the Act. The Commission found no procedural irregularities or substantive flaws in the agreement, ensuring that it contained the mandated minimum entitlements and did not disadvantage employees.

Consequently, the Fair Work Commission approved the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2018. The agreement was registered, and it became effective from the specified date, binding both the employer and the employees covered by the agreement. The decision underscores the importance of compliance with both procedural and substantive requirements for the approval of enterprise agreements under the Fair Work Act 2009.

Integrated Packaging Australia Pty Ltd T/A Integrated Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established