DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/656)

PLASCORP PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 19 APRIL 2016

Application for approval of the Plascorp Pty Ltd & National Union of Workers Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Plascorp Pty Ltd & National Union of Workers Enterprise Agreement 2015 – 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 26 April 2016. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Plascorp Pty Ltd and National Union of Workers Enterprise Agreement for the period 2015-2018. The application was made by the employer, Plascorp Pty Ltd, seeking formal endorsement of the enterprise agreement by the Fair Work Commission. The National Union of Workers represented the employees in this dispute.

The legal issues that arose in this case concerned the validity and enforceability of the enterprise agreement under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the requirements for approval under the legislation, including whether it provided for fair and reasonable terms and conditions of employment, and whether the agreement was genuinely negotiated between the parties. The court also needed to consider if the agreement complied with the process and procedural requirements outlined in the Act.

In delivering the decision, the court examined the provisions of the enterprise agreement in detail. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was genuinely negotiated between the parties. The court also determined that the agreement complied with the process and procedural requirements set out in the Fair Work Act 2009. As a result, the court approved the enterprise agreement, finding that it met all the necessary criteria for formal endorsement.

The final orders of the court were that the Fair Work Commission should approve the Plascorp Pty Ltd and National Union of Workers Enterprise Agreement 2015-2018, subject to the terms and conditions outlined in the agreement. This decision provided certainty to both the employer and employees, ensuring that the enterprise agreement would be legally binding and enforceable.

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