DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/6165)

INTEGRATED PACKAGING AUSTRALIA P/L – CONVERSION & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Integrated Packaging Australia P/L – Conversion & National Union of Workers Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Australia P/L – Conversion & National Union of Workers Collective Agreement 2013-2016 (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] 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.

[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 and, in accordance with s.54, will operate from 1 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were Integrated Packaging Australia Pty Ltd, an employer, and the National Union of Workers, representing the employees. The dispute arose from the negotiation and subsequent application for approval of a collective agreement between the two parties for the period 2013-2016. The case was heard in the Fair Work Commission, an industrial relations tribunal in Australia.

The legal issues before the Commission were primarily centred on whether the terms and conditions outlined in the proposed collective agreement were consistent with the Fair Work Act 2009. The Commission had to determine if the agreement met the requirements for approval, including whether it complied with the provisions regarding employee representation and the protection of employee rights. The Commission also needed to consider whether the agreement contained any terms that were contrary to public policy or that failed to provide adequate protections for employees.

The Fair Work Commission examined the provisions of the proposed agreement in detail, assessing them against the legislative framework. The Commission found that the agreement provided fair terms and conditions for employees and included adequate protections. The Commission was satisfied that the agreement was negotiated in good faith and that it did not contain any terms that were contrary to public policy. Consequently, the Commission approved the collective agreement, recognising it as a legally binding instrument between the employer and the union. The decision underscored the importance of collective bargaining in ensuring fair outcomes for both employers and employees.

The Fair Work Commission ordered the approval of the Integrated Packaging Australia Pty Ltd – National Union of Workers Collective Agreement 2013-2016, effective from the date of the decision. This approval meant that the agreement would serve as the governing document for employment conditions between the employer and the union 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