Intergrated Packaging Australia Pty Ltd Summary

[2013] FWCA 7869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intergrated Packaging Australia Pty Ltd
(AG2013/9660)

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

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 OCTOBER 2013

Application for approval of the Integrated Packaging Australia P/L - Conversion & 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 - Conversion & 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

Integrated Packaging Australia Pty Ltd sought approval of a proposed enterprise agreement in the Fair Work Commission. The application was opposed by the National Union of Workers. The matter was heard and determined by the Commission in accordance with section 232 of the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement was in the public interest and whether it should be approved and registered. The Commission had to consider whether the proposed agreement met the "better off overall test" and whether it contained any provisions that were contrary to public policy.

The Commission examined the evidence and submissions provided by both parties. The proposed agreement contained provisions that were not in line with the public interest as defined by the Fair Work Act. Specifically, the agreement included provisions that would allow for the payment of wages below the applicable award rates and conditions, which was deemed to be contrary to public policy. The Commission also found that the agreement did not meet the "better off overall test" as it did not provide for a sufficient increase in wages and conditions for the majority of the employees. As a result, the Commission refused to approve and register the proposed agreement.

In its decision, the Commission emphasised the importance of protecting the rights of employees and ensuring that enterprise agreements promote the public interest. The Commission noted that enterprise agreements should provide for fair and reasonable terms and conditions of employment and should not undermine the protections provided by awards. The Commission's decision serves as a reminder to parties negotiating enterprise agreements to ensure that they comply with the requirements of the Fair Work Act and promote the public interest. The Commission refused to approve and register the proposed agreement.

Intergrated Packaging Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established