DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd
(AG2019/4564)

JAMESTRONG PACKAGING CAN MANUFACTURING KYABRAM PLANT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2019 (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 Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 13 December 2019 and, in accordance with s.54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jamestrong Packaging Australia Pty Ltd recently sought approval for the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2019 in the Fair Work Commission. The primary parties involved in the dispute were Jamestrong Packaging Australia Pty Ltd, represented by its management, and the union representing the workers at the Kyabram plant. The nature of the dispute centred around the proposed changes to the terms and conditions of employment as outlined in the new enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to resolve involved ensuring the agreement adhered to the statutory requirements for enterprise agreements, including whether it provided for the proper protection of employees' rights and interests, and whether it had been fairly negotiated. Additionally, the Commission had to verify that the agreement met the procedural requirements, such as the provision of a copy of the agreement to the Fair Work Ombudsman for review and the holding of a meeting to inform employees of the agreement's contents. The Commission also had to consider whether the agreement promoted harmonious, productive, and cooperative workplace relationships.

The Commission found that the agreement was fairly negotiated and met the statutory requirements under the Fair Work Act. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, providing necessary protections and promoting cooperative workplace relationships. The procedural requirements were also met, with the agreement being properly presented to the employees and reviewed by the Fair Work Ombudsman. As a result, the Commission approved the Jamestrong Packaging Can Manufacturing Kyabram Plant Enterprise Agreement 2019. The final orders included the formal approval of the enterprise agreement, which would now govern the terms and conditions of employment for the workers at the Kyabram plant.

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