DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/5971)

PLASTIC BOTTLES PTY LTD (BLOWCON) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Plastic Bottles Pty Ltd (Blowcon) and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Plastic Bottles Pty Ltd (Blowcon) and National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Plastic Bottles Pty Ltd (Blowcon) and the National Union of Workers for the approval of their 2016 Enterprise Agreement. The application was brought under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the requirements for registration as a registered agreement.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it had been made in accordance with the relevant provisions of the Act. Specifically, the Commission had to consider whether the agreement was made without the influence of any improper conduct or coercion, and whether it provided for a genuine bargaining process.

In delivering its decision, the Commission found that the agreement contained all the mandatory terms required by the Act and that it had been made without any improper influence or coercion. The Commission also found that the agreement had been made through a genuine bargaining process, with both parties negotiating in good faith. As a result, the Commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Plastic Bottles Pty Ltd (Blowcon) and National Union of Workers Enterprise Agreement 2016, and registered it as a registered agreement under the Fair Work Act. This decision provides an important precedent for future enterprise bargaining agreements and ensures that workers are protected by fair and reasonable terms and conditions of employment.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established