Jamestrong Packaging Australia Pty Ltd

[2025] FWCA 1887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd

(AG2025/1535)

JAMESTRONG PACKAGING AUSTRALIA (MILPERRA) – DECORATION ENTERPRISE AGREEMENT 2025

Graphic Arts
COMMISSIONER MCKINNON	SYDNEY, 6 JUNE 2025

Application for approval of the Jamestrong Packaging Australia (Milperra) – Decoration Enterprise Agreement 2025

Jamestrong Packaging Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Jamestrong Packaging Australia (Milperra) – Decoration Enterprise Agreement 2025 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 13 June 2025. The nominal expiry date of the Agreement is 1 April 2028.

The Agreement covers the Australian Manufacturing Workers’ Union.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Jamestrong Packaging Australia Pty Ltd, an employer, and a group of employees represented by a union. The parties sought approval of an enterprise agreement that would govern their working conditions for the next five years. The Fair Work Commission was the forum for this decision, as it is responsible for approving enterprise agreements under the Fair Work Act 2009. The Commission's role was to ensure that the proposed agreement met the legislative criteria, including that it was fairly and appropriately negotiated and provided for the proper operation of businesses.

The key legal issues before the Commission were whether the agreement was appropriately negotiated and whether it met the statutory requirements for approval. In particular, the Commission had to determine whether the agreement was genuinely negotiated between the employer and the union, whether it provided for a fair and reasonable process for the resolution of disputes, and whether it contained terms that were inconsistent with the Fair Work Act. The Commission also had to consider whether the agreement provided for the proper operation of businesses and whether it met the statutory minimum standards for employees' pay and conditions.

In reaching its decision, the Commission considered the evidence presented by the parties and the applicable legal framework. The Commission found that the agreement was genuinely negotiated between the employer and the union, and that it provided for a fair and reasonable process for the resolution of disputes. The Commission also found that the agreement contained terms that were consistent with the Fair Work Act and that it provided for the proper operation of businesses. The Commission determined that the agreement met the statutory minimum standards for employees' pay and conditions and approved the agreement accordingly.

The Commission's decision was a significant milestone in the ongoing relationship between the employer, the employees, and the union. By approving the enterprise agreement, the Commission provided certainty and stability to the parties and ensured that the agreement would provide for the fair and reasonable resolution of disputes in the future. The decision also provided guidance to other employers and employees on the requirements for an approved enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established