Jamestrong Packaging Australia Pty Ltd

[2022] FWCA 3009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd

(AG2022/3519)

Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2022.

Jamestrong Packaging Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the declaration provided by the organisations, I note that the Agreement covers those organisations.

The Agreement was approved on 1 September 2022 and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Jamestrong Packaging Australia Pty Ltd, which sought approval of the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2022. The application was brought before the Fair Work Commission in Australia. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly in terms of the process through which it was negotiated and the extent to which it complied with the procedural requirements.

The key legal issues addressed by the court were whether the enterprise agreement was genuinely negotiated and whether the process followed adhered to the statutory provisions. The court had to determine if the agreement was made in good faith and whether there was sufficient evidence of genuine negotiation between the employer and the employees. Furthermore, the court examined if the agreement contained the mandatory terms prescribed by the Act and if it complied with procedural fairness.

The Fair Work Commission found that the negotiation process was genuine and the agreement met the statutory requirements for approval. The Commission concluded that the process was conducted in good faith and that there was sufficient evidence of genuine negotiation. The agreement was also found to contain all the mandatory terms required by the Act, and the procedural fairness was upheld. As a result, the Commission approved the enterprise agreement.

Consequently, the Fair Work Commission granted the application for approval of the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2022. This decision was based on the finding that the agreement was genuinely negotiated and complied with the statutory requirements set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established