Jamestrong Packaging Australia Pty Ltd Summary

[2022] FWCA 4316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd

(AG2022/4804)

Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 8 DECEMBER 2022

Application for approval of the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2022.

Jamestrong Packaging Australia Pty Ltd (the Employer) has made an application for the approval of the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

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 (CEPU) were bargaining representatives for the Agreement and 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 AMWU and the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jamestrong Packaging Australia Pty Ltd, an employer, applied for approval of an enterprise agreement with its employees, represented by the Australian Manufacturing Workers' Union. The application was made to the Fair Work Commission, which must consider whether the agreement complies with certain legal criteria. The primary issue for the Commission was whether the agreement included appropriate provisions for employee consultation and whether it allowed for the proper operation of the enterprise. The Commission found that the agreement did indeed contain the necessary consultation mechanisms and that it facilitated the smooth operation of the enterprise. The agreement was approved, as it met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The Commission emphasised that the agreement's provisions were fair and balanced, taking into account the needs of both the employer and the employees. The court's decision was based on a thorough analysis of the agreement's content and its alignment with the relevant legislative framework. This case highlights the importance of carefully drafting enterprise agreements to ensure they are compliant with the law and effectively address the needs of all parties involved.

Jamestrong Packaging Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established