Intergrated Packaging Australia Pty Ltd

[2013] FWCA 7871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intergrated Packaging Australia Pty Ltd
(AG2013/9659)

INTEGRATED PACKAGING AUSTRALIA P/L EXTRUSION - NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2013-2016

Rubber, plastic and cable making industry
COMMISSIONER RYAN	MELBOURNE, 8 OCTOBER 2013

Application for approval of the Integrated Packaging Australia P/L Extrusion - National Union of Workers Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Australia P/L Extrusion - National Union of Workers Collective Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Integrated Packaging Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to the part time employment provisions in the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The National Union of Workers, 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 s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 15 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved Integrated Packaging Australia Pty Ltd, which applied for approval of its collective agreement with the Extrusion - National Union of Workers for the period 2013-2016. The application was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and approving agreements. The union and the employer had reached an agreement on the terms and conditions of employment, but needed the Commission's approval to ensure compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement provided for a fair and efficient workplace, whether it covered all employees within the bargaining scope, and if it contained appropriate dispute resolution mechanisms. The Commission also needed to ensure that the agreement did not undermine the operation of the Act.

The Commission considered the submissions from both parties and the relevant legislation. The Commission found that the agreement met the necessary requirements, including provisions for a fair and efficient workplace, coverage of all employees, and appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement did not undermine the operation of the Fair Work Act. Therefore, the Commission approved the collective agreement.

Consequently, the Fair Work Commission approved the Integrated Packaging Australia P/L Extrusion - National Union of Workers Collective Agreement 2013-2016, ensuring that it complied with the Fair Work Act and the Fair Work Regulations 2009. The agreement now serves as a legally binding contract between the employer and the union, governing the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established