National Union of Workers Summary

[2013] FWCA 1699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/415)

INTEGRATED PACKAGING GROUP AUSTRALIA PTY LTD: CHELTENHAM AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 MARCH 2013

Application for approval of the Integrated Packaging Group Australia Pty Ltd: Cheltenham and the National Union of Workers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Group Australia Pty Ltd: Cheltenham and the National Union of Workers Enterprise Agreement 2012 (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 26 March 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Union of Workers, the applicant sought approval of the Integrated Packaging Group Australia Pty Ltd: Cheltenham and the National Union of Workers Enterprise Agreement 2012. The union aimed to have the enterprise agreement registered under the Fair Work Act 2009. The dispute centred on the terms of the agreement and whether it met the legislative requirements for approval. The Fair Work Commission, exercising its powers under the Act, was the court tasked with determining the validity and appropriateness of the agreement.

The key legal issues the Commission had to address included whether the enterprise agreement was genuinely negotiated, free from coercion, and met the minimum standards set by the Act. Additionally, the Commission needed to consider whether the agreement complied with the statutory requirements for approval, including provisions related to employee representation and procedural fairness. The union argued that the agreement was negotiated in good faith and met all legal requirements, while the employer contested certain provisions, asserting they did not comply with the Act.

After examining the evidence and submissions from both parties, the Fair Work Commission found that the enterprise agreement was indeed genuinely negotiated and met the statutory criteria. The Commission noted that the union had demonstrated the agreement was not only negotiated without coercion but also included provisions that adhered to the minimum standards set by the Act. The employer's concerns about specific provisions were addressed, and the Commission concluded that the agreement was fair and appropriate for approval. Therefore, the Commission approved the agreement under the Fair Work Act 2009.

The final orders included the registration of the Integrated Packaging Group Australia Pty Ltd: Cheltenham and the National Union of Workers Enterprise Agreement 2012, effective from the date of the Commission's decision. The agreement was to be binding on the employer and the employees covered by it, ensuring compliance with the terms and conditions outlined within. This decision provided clarity and legal certainty regarding the approved enterprise agreement, allowing the union and the employer to proceed under the terms set forth.

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