DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/5383)

INTEGRATED PACKAGING AUSTRALIAN PTY LTD EXTRUSION - NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2016-2019

Storage services
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Integrated Packaging Australia Pty Ltd Extrusion - National Union of Workers Collective Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Australia Pty Ltd Extrusion - National Union of Workers Collective Agreement 2016-2019 (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] The Applicant 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 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 14 October 2016 and, in accordance with s.54, will operate from 21 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers sought approval of a collective agreement entered into with Integrated Packaging Australia Pty Ltd. The dispute centred on whether the agreement met the legal requirements for certification under the Fair Work Act 2009. The Commission was required to determine if the agreement was appropriately negotiated and if it complied with all relevant statutory provisions.

The primary legal issue before the Commission was whether the agreement contained all necessary provisions and met the criteria for certification, including adequate representation of the employees, fair terms, and compliance with the Act. The Commission also needed to consider whether the agreement was made in good faith and if it provided for effective dispute resolution mechanisms. Additionally, the Commission had to ensure that the agreement did not disadvantage any party involved.

The Fair Work Commission found that the collective agreement was appropriately negotiated and contained all necessary provisions. It was determined that the agreement was made in good faith and provided adequate mechanisms for dispute resolution. The Commission also found that the agreement did not disadvantage any party involved and met all legal requirements for certification under the Fair Work Act 2009. Consequently, the Commission approved the collective agreement.

The Fair Work Commission certified the Integrated Packaging Australia Pty Ltd Extrusion - National Union of Workers Collective Agreement 2016-2019, deeming it to be a lawful and effective agreement for the specified period.

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