DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jamestrong Packaging Australia Pty Ltd
(AG2019/168)

JAMESTRONG PACKAGING (MILPERRA) CAN MANUFACTURING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 JUNE 2019

Application for approval of the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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.

[4] 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 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Jamestrong Packaging Australia Pty Ltd, the applicant, and the Fair Work Commission, the respondent, the applicant sought approval of the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2018. The application was made under section 234 of the Fair Work Act 2009, with the applicant seeking that the agreement be approved as a certified agreement. The legal issues that arose for determination by the Commission included whether the agreement met the requirements of section 231 of the Fair Work Act, including whether it contained all the prescribed terms, and whether it was appropriate for the agreement to be certified as a single-enterprise agreement.

The Commission found that the agreement contained all the prescribed terms and was appropriate for certification. The agreement provided for a comprehensive framework for the employment of employees in the Milperra plant of Jamestrong, including terms and conditions of employment, remuneration, and dispute resolution mechanisms. The Commission also found that the agreement was appropriately tailored to the needs of the enterprise, taking into account the specific nature of the work carried out at the Milperra plant. The Commission considered that the agreement was likely to promote streamlined and productive workplace relations and was in the best interests of the employees and the employer. The Commission approved the agreement as a certified agreement, and the applicant's application was successful.

The Fair Work Commission approved the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2018 as a certified agreement under section 234 of the Fair Work Act 2009. The Commission found that the agreement met all the requirements of section 231 of the Act, including that it contained all the prescribed terms and was appropriate for certification. The agreement provides for a comprehensive framework for the employment of employees in the Milperra plant of Jamestrong, including terms and conditions of employment, remuneration, and dispute resolution mechanisms. The Commission found that the agreement was appropriately tailored to the needs of the enterprise, taking into account the specific nature of the work carried out at the Milperra plant. The Commission considered that the agreement was likely to promote streamlined and productive workplace relations and was in the best interests of the employees and the employer.

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