ITW Industrial Packaging Summary

[2013] FWCA 7166

FAIR WORK COMMISSION

DECISION

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

ITW Industrial Packaging
(AG2013/9161)

ITW INDUSTRIAL PACKAGING ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 SEPTEMBER 2013

Application for approval of the ITW Industrial Packaging Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ITW Industrial Packaging Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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. In accordance with s.54(1) it will operate from 26 September 2013. The nominal expiry date of the Agreement is31 May 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, ITW Industrial Packaging applied for the approval of the ITW Industrial Packaging Enterprise Agreement 2013. The application was heard by the Fair Work Commission, with Commissioner D.L. Buchanan presiding. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement complied with the procedural and substantive requirements set out in the Act. Specifically, the court had to determine if the agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions for employees. The court also needed to assess whether the agreement was in the best interests of the employees and the employers.

The court found that the agreement was genuinely negotiated, meeting the procedural requirements of the Act. It further found that the agreement contained all the necessary minimum terms and conditions, and it was in the best interests of the employees and employers. The court concluded that the agreement provided adequate protections for employees and reflected a fair balance of interests between the parties. Consequently, the court approved the agreement.

The final orders of the court were that the ITW Industrial Packaging Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2013. The approval was to take effect from the date of the decision.

ITW Industrial Packaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established