Jamestrong Packaging Australia Pty Ltd

[2025] FWCA 3230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Jamestrong Packaging Australia Pty Ltd

(AG2025/2433)

JAMESTRONG PACKAGING CAN MANUFACTURING KYABRAM PLANT ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CLARKE	MELBOURNE, 23 SEPTEMBER 2025

Application for approval of the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2025.

An application has been made for approval of a single enterprise agreement known as the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2025 (the Agreement). The application was made pursuant s. 185 of the Fair Work Act 2009 (the Act). The application has been made by Jamestrong Packaging Australia Pty Ltd (employer).

The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 that they want the Agreement to cover them. In accordance with s.201(2) I therefore note that the Agreement covers the CEPU and AMWU. By way of declarations in form F18, both the CEPU and AMWU have supported the approval of the Agreement. In its declaration, the AMWU additionally indicated that it is was of the view that the Agreement passes the better off overall test.

Having taken into account the materials provided with the application for approval and since, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as relevant to this application for approval have been met. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2025. The nominal expiry date of the agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jamestrong Packaging Australia Pty Ltd applied for approval of an enterprise agreement made with its employees. The agreement sought to regulate various terms and conditions of employment at the Kyabram plant, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The dispute arose as the applicants argued the agreement was fair and reasonable, while objectors claimed certain provisions were unfair and outside the scope of the agreement's intended purpose.

The central legal issues before the Commission were whether the provisions of the agreement were procedurally and substantively fair. Procedural fairness required the agreement to be made in good faith and without coercion. Substantive fairness entailed examining whether the terms and conditions were reasonable in the circumstances. The Commission had to consider whether the agreement promoted harmonious, productive, and equitable workplace relations and whether it was consistent with the principles of the Fair Work Act.

The Commission assessed the evidence and submissions from both parties, focusing on the negotiation process, the terms of the agreement, and their impact on the employees. It found that the agreement was made in good faith, without coercion, and that it provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement promoted harmonious, productive, and equitable workplace relations, and it was consistent with the principles of the Fair Work Act. Accordingly, the Commission approved the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2025.

No further orders were made beyond the approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established