Integrated Packaging WA Pty Ltd

[2013] FWCA 50

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging WA Pty Ltd
(AG2012/12062)

INTEGRATED PACKAGING KEWDALE ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JANUARY 2013

Application for approval of the Integrated Packaging Kewdale Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Kewdale Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Packaging WA Pty Ltd applied for approval of the Integrated Packaging Kewdale Enterprise Agreement 2012. The Fair Work Commission was the tribunal that heard the application, with the Australian Manufacturing Workers' Union being a party of interest. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to the coverage of employees, minimum terms and conditions, and the process by which the agreement was formed.

The court had to determine whether the agreement covered all relevant employees, whether it contained the mandated minimum terms and conditions, and if the agreement was genuinely negotiated and not the result of coercion or undue influence. Furthermore, the court needed to assess whether the application was lodged within the correct timeframe and if the necessary procedural requirements were adhered to.

In ruling on the application, the commission found that the agreement was comprehensive in terms of employee coverage and incorporated all required minimum terms and conditions. The evidence presented indicated that the agreement was genuinely negotiated, with no instances of coercion or undue influence. The application was lodged within the prescribed timeframe, and all procedural requirements were fulfilled. Thus, the commission approved the Integrated Packaging Kewdale Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established