DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd
(AG2015/1146)

JAMESTRONG PACKAGING TAREE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 29 MAY 2015

Application for approval of the Jamestrong Packaging Taree Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jamestrong Packaging Taree Collective Agreement 2015 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 28 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jamestrong Packaging Australia Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Jamestrong Packaging Taree Collective Agreement 2015, which had been negotiated with a union. The union claimed that the agreement would provide improved conditions for its members, while the employer argued that some of the proposed terms and conditions were unreasonable and would place an undue burden on the business. The dispute was heard by the Commission, which was required to determine whether the agreement should be approved in its entirety or subject to certain variations.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether any provisions in the agreement were contrary to public policy or otherwise unenforceable. The Commission had to consider the balance of rights and obligations of the parties, as well as the overall impact of the agreement on the workforce and the employer's business. In particular, the Commission had to examine the provisions relating to pay rates, penalties, and the imposition of additional duties on employees.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment overall, but that some provisions were contrary to public policy or otherwise unenforceable. The Commission varied certain provisions relating to pay rates and penalties, and disallowed a clause that imposed additional duties on employees. The Commission considered that the variations were necessary to ensure that the agreement was fair and reasonable, and would not place an undue burden on the employer or its business. The Commission approved the agreement, subject to the variations, and the employer and union were bound by the terms of the agreement as varied.

The final orders of the Commission were that the Jamestrong Packaging Taree Collective Agreement 2015 be approved, subject to the variations made by the Commission. The employer and union were directed to take all necessary steps to give effect to the agreement as varied, and to notify all affected employees of the terms of the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that a copy of the agreement be provided to the Commission within a specified timeframe.

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