DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oji Foodservice Packaging Solutions (Aus) Pty Ltd
(AG2018/2886)

OJI FOODSERVICE PACKAGING SOLUTIONS (AUS) PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 OCTOBER 2018

Application for approval of the Oji Foodservice Packaging Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Oji Foodservice Packaging Solutions (Aus) Pty Ltd Employee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oji Foodservice Packaging Solutions (Aus) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Applicant requested redaction of wage information provided at pages 24 to 31 of the Agreement on the basis of the highly competitive nature of the Applicant’s industry, and on which submissions were made. Having regard to the circumstances of the Applicant and their submissions I am satisfied that this is a reasonable request and that wage rate information will be redacted.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2018. The nominal expiry date of the Agreement is 28 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Oji Foodservice Packaging Solutions (Aus) Pty Ltd sought approval of the Employee Enterprise Agreement 2018. The applicant is an employer in the packaging industry, and the agreement in question concerns the terms and conditions of employment for its employees. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees. The legal issues revolved around whether the agreement was made in accordance with the good faith bargaining requirements and whether it provided for the employees' minimum entitlements, as well as any additional benefits.

The Commission found that the agreement had been negotiated in good faith and that it met the statutory requirements. It noted that the process of reaching the agreement had involved multiple meetings and exchanges between the parties, indicating a genuine attempt to negotiate. The Commission also found that the agreement provided for minimum entitlements as required by the Act and included additional benefits such as increased leave provisions and a dispute resolution process. It concluded that the agreement was fair and reasonable, and in the best interests of the employees.

Consequently, the Commission approved the Employee Enterprise Agreement 2018, and it became legally binding on the parties. The agreement sets out the terms and conditions of employment for the employees of Oji Foodservice Packaging Solutions (Aus) Pty Ltd and will govern their relationship with the employer until the next agreed date for renegotiation or until terminated in accordance with the agreement or the Act.

Oji Foodservice Packaging Solutions (Aus) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established