| [2023] FWCA 282 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Jamestrong Packaging Australia Pty Ltd
(AG2022/5499)
JAMESTRONG PACKAGING TAREE COLLECTIVE AGREEMENT 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 27 JANUARY 2023 |
Application for approval of the Jamestrong Packaging Taree Collective Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Jamestrong Packaging Taree Collective Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jamestrong Packaging Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 27 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
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 it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2023. The nominal expiry date of the Agreement is 15 November 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519018 PR750040>
Annexure A
- AGLC
- Jamestrong Packaging Australia Pty Ltd [2023] FWCA 282
- Case
- [2023] FWCA 282
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included the validity and enforceability of the agreement under the Fair Work Act 2009. Key considerations were whether the agreement met the criteria for being a "registered agreement" and if it contained minimum entitlements as stipulated by the Fair Work Regulations. The Commission also examined if the bargaining process was conducted fairly and if the terms of the agreement provided for a safe working environment, fair compensation, and reasonable working conditions.
After reviewing the application and submissions from both parties, the Commission determined that the Jamestrong Packaging Taree Collective Agreement 2022 was fair and reasonable. The agreement was found to comply with the statutory requirements and provided adequate terms and conditions for the employees. The Commission approved the agreement, noting that it included provisions that met or exceeded the minimum entitlements prescribed by law and that the bargaining process was conducted in good faith. The decision was based on the comprehensive assessment of the agreement’s provisions and the evidence presented during the hearing.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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