DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging WA Pty Ltd
(AG2015/7593)

INTEGRATED PACKAGING KEWDALE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2016

Application for approval of the Integrated Packaging Kewdale Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Kewdale Enterprise Agreement 2015 (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 WA 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 United Voice and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Packaging WA Pty Ltd was the applicant, seeking approval of the Integrated Packaging Kewdale Enterprise Agreement 2015. The dispute involved the terms of the agreement and its impact on employees' working conditions. The matter was heard in the Fair Work Commission. The central legal issues the court had to address were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it provided fair and reasonable terms and conditions for the employees. The court had to consider if the agreement complied with the procedural requirements and if it achieved a balance between the interests of the employer and the employees.

The court examined the procedural fairness of the agreement, ensuring that the necessary consultation and bargaining processes were followed. It also assessed whether the agreement provided for fair and reasonable terms and conditions for employees, taking into account the broader economic and employment context. The court found that the agreement satisfied the procedural requirements and provided fair and reasonable terms. The agreement was structured to balance the needs of both the employer and the employees, ensuring that it did not unjustifiably disadvantage any party. The court concluded that the agreement met the criteria for approval and was in the best interests of the parties involved.

The Fair Work Commission approved the Integrated Packaging Kewdale Enterprise Agreement 2015. This decision was based on the finding that the agreement was procedurally sound and provided fair and reasonable terms for the employees. The court emphasised the importance of balancing the interests of both the employer and the employees in enterprise agreements. The final orders included the approval of the agreement, subject to the terms and conditions outlined in the agreement, and the dismissal of any objections raised by the parties.

Integrated Packaging WA Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established