| [2021] FWCA 4703 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Integrated Plastics Pty Ltd
(AG2021/6153)
INTEGRATED PLASTICS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2021
Manufacturing and associated industries | |
DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 3 AUGUST 2021 |
Application for approval of the INTERGRATED PLASTICS PTY LTD Enterprise Bargaining Agreement 2021.
[1] An application has been made for approval of an enterprise agreement known as the INTERGRATED PLASTICS PTY LTD Enterprise Bargaining Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 August 2021. The nominal expiry date of the Agreement is 2 August 2025.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Integrated Plastics Pty Ltd [2021] FWCA 4703
- Case
- [2021] FWCA 4703
- Decision Date
CaseChat Overview and Summary
The legal issues that the Commission needed to address included whether the EBA complied with the requirements of the Fair Work Act 2009, and whether the agreement provided fair and reasonable terms and conditions for the employees. The Commission also had to determine if the agreement was consistent with the broader principles of the national workplace relations system, such as the protection of employees' rights and the promotion of productive and harmonious employer-employee relations.
The Commission found that the EBA 2021 was consistent with the Fair Work Act and other relevant legislation. It concluded that the agreement provided fair and reasonable terms and conditions for the employees and was consistent with the broader principles of the national workplace relations system. The Commission took into account the specific circumstances of the parties, the nature of the industry, and the bargaining history between the employer and the employees. It was satisfied that the agreement had been negotiated in good faith and that it provided a fair outcome for both the employer and the employees. Therefore, the Commission approved the EBA 2021.
The final order of the Commission was the approval of the Enterprise Bargaining Agreement 2021, which now governs the employment terms and conditions between Integrated Plastics Pty Ltd and its employees. This decision ensures that the agreement is legally binding and enforceable, providing certainty and stability in the workplace relations between the parties.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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