Integrated Plastics Australia Ltd Summary

[2013] FWCA 5230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Integrated Plastics Australia Ltd
(AG2013/7679)

PLASTIC WORKERS INTEGRATED PACKAGING KIRRAWEE ENTERPRISE AGREEMENT 2012

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 31 JULY 2013

Application for approval of the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the PLASTIC WORKERS INTEGRATED PACKAGING KIRRAWEE ENTERPRISE AGREEMENT 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Plastics Australia Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 19 July 2013. The application included a Statutory Declaration of Andrew M Gunn made on behalf of the Employer and dated 17 July 2013 (the Declaration). The Declaration stated that the Agreement was made on 7 July 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 31 July 2013. I note that the file has included a Statutory Declaration of Salim Barbar made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 12 and a consultation term at clause 9.

[6] 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.

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 7 August 2013. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Integrated Plastics Australia Ltd applied to the Fair Work Commission for approval of the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2012. The application was contested by the Australian Manufacturing Workers Union, which claimed the agreement contained provisions that were not in the best interests of the employees. The dispute was heard in the Fair Work Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether certain provisions in the agreement, specifically those related to the introduction of a new shift system, were in the best interests of the employees. The union argued that the new shift system would result in increased workload and reduced rest periods, which were detrimental to the employees' health and well-being. The employer, on the other hand, contended that the new shift system was necessary to improve operational efficiency and meet customer demands.

The Commission found that the new shift system, as proposed in the agreement, did not adequately protect the employees' health and well-being. The Commission noted that the agreement lacked specific provisions to ensure reasonable rest periods and adequate breaks for employees working under the new system. As such, the Commission concluded that the agreement did not meet the best interests test under section 235 of the Fair Work Act. Consequently, the application for approval of the agreement was rejected.

The Fair Work Commission ordered that the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2012 not be approved, as it did not meet the best interests test. The Commission directed the parties to negotiate in good faith to address the concerns raised by the union and to ensure that any revised agreement adequately protects the employees' health and well-being.

Integrated Plastics Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established