DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd
(AG2015/5286)

JAMESTRONG PACKAGING (MILPERRA) CAN MANUFACTURING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2015 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Jamestrong Packaging Australia Pty Ltd to have the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2015 approved by the Fair Work Commission. The application was brought pursuant to section 234 of the Fair Work Act 2009, and the dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the good faith bargaining provisions of the Act. The Commission considered the parties' submissions and the evidence provided, examining the nature of the bargaining process and the content of the agreement. In its decision, the Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement included provisions for employee entitlements, such as leave, overtime, and penalty rates, which were consistent with industry standards. Furthermore, the Commission was satisfied that the process of reaching the agreement was conducted in an open and transparent manner, with both parties engaging in meaningful negotiations. Accordingly, the Commission approved the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2015. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the agreement, rather than by the default terms and conditions of the relevant award. The decision provides clarity and certainty for both the employer and the employees, and helps to promote industrial peace and harmony in the workplace.

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