DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd
(AG2017/1689)

JAMESTRONG PACKAGING AUSTRALIA (MILPERRA) - DECORATION ENTERPRISE AGREEMENT 2017

Graphic Arts
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 AUGUST 2017

Application for approval of the Jamestrong Packaging Australia (Milperra) - Decoration Enterprise Agreement 2017.

[1] Jamestrong Packaging Australia Pty Ltd applies for approval of an enterprise agreement known as the Jamestrong Packaging Australia (Milperra) – Decoration Enterprise Agreement 2017 (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 “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 this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 7 July 2017 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 1 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Jamestrong Packaging Australia Pty Ltd, sought approval of an enterprise agreement that would govern the terms and conditions of employment for the employees of its Milperra site. The dispute was brought before the Fair Work Commission, which is tasked with the responsibility of ensuring fair work practices and resolving workplace disputes. The nature of the dispute centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved determining whether the agreement was genuinely an enterprise agreement, whether it had been fairly negotiated, and whether it met the requirements of the Better Off Overall Test (BOOT). Additionally, the court had to ensure that the agreement complied with any applicable minimum standards and did not include any provisions that would be contrary to the public interest.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement, having been negotiated in good faith and meeting the BOOT. The agreement was also found to comply with all relevant minimum standards and did not include any provisions that were contrary to the public interest. The Commission was satisfied that the process of negotiation was fair and that the agreement provided benefits to the employees that outweighed any disadvantages. Consequently, the Commission approved the enterprise agreement. The approval was made subject to certain conditions and the agreement now governs the terms and conditions of employment for the employees at the Milperra site.

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