DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Plastics Pty Limited
(AG2016/7858)

INTEGRATED PLASTICS PTY LTD ENTERPRISE BRAGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the Integrated Plastics Pty Ltd Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Plastics Pty Ltd Enterprise Bargaining Agreement 2016(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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2017. The nominal expiry date of the Agreement is 2 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Integrated Plastics Pty Limited sought approval for the Integrated Plastics Pty Ltd Enterprise Bargaining Agreement 2016. The applicant argued the agreement met the requirements under the Fair Work Act 2009, including the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission was tasked with determining whether the agreement was a protected action bargaining agreement, as defined by the Fair Work Act 2009, and whether the agreement complied with the relevant statutory requirements.

The central legal issue was whether the agreement was a genuine protected action bargaining agreement and whether it satisfied the statutory criteria. The commission considered the nature of the agreement and whether it related to the terms and conditions of employment. Additionally, the court examined whether the agreement met the requirements of section 231 of the Fair Work Act 2009, particularly the provision for protected action in the case of an industrial dispute. The commission also had to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and if it complied with the provisions regarding protected action.

The Fair Work Commission found that the agreement was a genuine protected action bargaining agreement and that it met the statutory requirements. The commission concluded that the agreement was related to the terms and conditions of employment and that it satisfied the criteria set out in section 231 of the Fair Work Act 2009. The commission also found that the agreement complied with the Fair Work (Registered Organisations) Act 2009. Consequently, the commission approved the agreement under section 177 of the Fair Work Act 2009.

Integrated Plastics Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established