DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd
(AG2017/5822)

JAMESTRONG PACKAGING TAREE COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 JANUARY 2018

Application for approval of the Jamestrong Packaging Taree Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jamestrong Packaging Taree Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jamestrong Packaging Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Jamestrong Packaging Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2018. The nominal expiry date of the Agreement is 15 November 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jamestrong Packaging Australia Pty Ltd recently appeared before the Fair Work Commission in an application to approve the Jamestrong Packaging Taree Collective Agreement 2017. The applicant, Jamestrong, sought approval of the agreement under section 228 of the Fair Work Act 2009, while the respondents, the Australian Manufacturing Workers' Union and the Retail and Fast Food Workers' Union, did not oppose the application but raised several concerns about the agreement's terms and conditions.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements of the Fair Work Act and the principles of good faith bargaining. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the principles of direct and genuine negotiations between the parties. Additionally, the Commission examined whether the agreement appropriately addressed the needs and interests of the employees covered by it.

The Commission found that the collective agreement met the statutory requirements of the Fair Work Act and adhered to the principles of good faith bargaining. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that the negotiations between the parties were direct and genuine. Furthermore, the Commission found that the agreement appropriately addressed the needs and interests of the employees covered by it. Consequently, the Commission approved the Jamestrong Packaging Taree Collective Agreement 2017.

The Fair Work Commission approved the Jamestrong Packaging Taree Collective Agreement 2017, finding that it met the statutory requirements of the Fair Work Act and adhered to the principles of good faith bargaining. The Commission emphasised that the agreement provided for fair and reasonable terms and conditions and appropriately addressed the needs and interests of the employees covered by it. This decision serves as a reminder to employers and unions of the importance of engaging in genuine negotiations and reaching agreements that reflect the needs and interests of employees.

Jamestrong Packaging Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established