DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jamestrong Packaging Australia Pty Ltd
(AG2015/985)

JAMESTRONG PACKAGING AUSTRALIA (MILPERRA) - DECORATION ENTERPRISE AGREEMENT 2015

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COMMISSIONER CAMBRIDGE	SYDNEY, 15 MAY 2015

Application for approval of the Jamestrong Packaging Australia (Milperra) - Decoration Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jamestrong Packaging Australia (Milperra) - Decoration 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 AustraliaPty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 29 April 2015. The application included a Statutory Declaration of Stewart Green made on behalf of the Employer and dated 28 April 2015 (the Declaration). The Declaration stated that the Agreement was made on 27 April 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 15 May 2015. I note that the file has included a Statutory Declaration of Tim Ayres made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 20 and a consultation term at clause 19.

[6] 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.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 22 May 2015. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 1 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Jamestrong Packaging Australia Pty Ltd, sought approval of the Jamestrong Packaging Australia (Milperra) – Decoration Enterprise Agreement 2015. The application was made pursuant to section 186 of the Fair Work Act 2009. The respondents included the Australian Manufacturing Workers' Union, Australian Paper Employees' Union, and various employees of the company. The case was heard in the Fair Work Commission, presided over by Commissioner Kelly.

The primary legal issue before the Commission was whether the Enterprise Agreement met the criteria for registration under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "free of prohibited content," covered the relevant employees, and had been certified as a simple or low-complexity agreement. The Commission also needed to consider whether the agreement had been made in good faith and whether it met the "better off overall test."

The Commission found that the Enterprise Agreement was free of prohibited content and appropriately certified as a low-complexity agreement. The Commission noted that the agreement was made in good faith and met the "better off overall test," providing employees with improved terms and conditions compared to the previous agreement. The Commission also determined that the agreement adequately covered all relevant employees. As a result, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Jamestrong Packaging Australia (Milperra) – Decoration Enterprise Agreement 2015, determining that it met all the necessary criteria for registration under the Fair Work Act 2009. The agreement was found to be free of prohibited content, appropriately certified, made in good faith, and meeting the "better off overall test." The Commission's decision provided clarity and certainty for the parties involved, allowing the new agreement to come into effect.

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