National Union of Workers Summary

[2014] FWCA 6753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/7479)

PLASTIC BOTTLES PTY LTD (BLOWCON) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 SEPTEMBER 2014

Application for approval of the Plastic Bottles Pty Ltd (Blowcon) and National Union of Workers Enterprise Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by National Union of Workers (NUW). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 2 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant union, National Union of Workers, sought approval of an enterprise agreement with Plastic Bottles Pty Ltd (Blowcon). The Fair Work Commission was the tribunal hearing the application. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement, with particular attention given to the provisions relating to wages, hours of work, and redundancies. The union argued that the agreement was fair and reasonable, while Blowcon contended that certain provisions were overly stringent and would adversely impact their business operations.

The commission needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission examined if the agreement was genuinely negotiated, if it contained minimum entitlements as prescribed by the Act, and if it was free from any prohibited content. The analysis involved assessing the balance of the agreement’s terms against the legal standards established to ensure fairness and compliance with legislative requirements.

The commission found that the agreement was genuinely negotiated between the parties and that it contained all the minimum entitlements required by the Act. The provisions regarding wages and hours were deemed reasonable, considering the specific industry context. However, certain clauses related to redundancies were modified to ensure they did not overly burden the employer. Ultimately, the commission approved the enterprise agreement with the amended terms, ensuring that it complied with all legal requirements.

The final orders included the approval of the enterprise agreement with the specified modifications to the redundancy provisions, ensuring that it aligned with the statutory standards for fairness and compliance.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established