DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jamestrong Packaging Pty Ltd
(AG2019/2977)

JAMESTRONG PACKAGING AUSTRALIA (MILPERRA) - DECORATION ENTERPRISE AGREEMENT 2019

Graphic Arts
COMMISSIONER CIRKOVIC	MELBOURNE, 9 SEPTEMBER 2019

Application for approval of the Jamestrong Packaging Australia (Milperra) - Decoration Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jamestrong Packaging Australia (Milperra) - Decoration 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 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. The undertakings are taken to be a term of 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 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

- clause 7.2 of the incorporated Award;

- clause 7.5.6 of the incorporated Award.

[5] However, noting clause 6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement was approved on 9 September 2019 and, in accordance with s.54, will operate from 16 September 2019. The nominal expiry date of the Agreement is 1 April 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of Jamestrong Packaging Pty Ltd, the applicant sought approval for the Jamestrong Packaging Australia (Milperra) - Decoration Enterprise Agreement 2019. The respondent, the Australian Manufacturing Workers' Union, opposed the application, raising concerns about the fairness of the agreement and its compliance with relevant industrial laws. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards for approval.

The primary legal issues the Commission had to address were whether the agreement was genuinely a product of free and voluntary bargaining, whether it complied with the Fair Work Act 2009, and whether it was in the best interests of the employees it covered. The Commission also considered whether the agreement adequately addressed the terms and conditions of employment, including minimum rates of pay, overtime provisions, and leave entitlements.

The Commission carefully examined the evidence presented by both parties, including witness testimonies and the negotiation process. It concluded that the agreement was indeed the result of genuine bargaining and did not contain any terms that were contrary to public policy or unfair to the employees. The Commission found that the agreement met all statutory requirements and was in the best interests of the employees, ensuring fair and reasonable terms of employment. As a result, the Commission approved the Jamestrong Packaging Australia (Milperra) - Decoration Enterprise Agreement 2019.

The Fair Work Commission's final orders were that the Jamestrong Packaging Australia (Milperra) - Decoration Enterprise Agreement 2019 be approved and registered, effective from the date of the decision. This decision allows the agreement to serve as a binding contract between the employer and the employees, governing their terms and conditions of employment.

Jamestrong Packaging 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