OzPak Pty Ltd

[2024] FWCA 4679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

OzPak Pty Ltd

(AG2024/4354)

OZPAK ENTERPRISE AGREEMENT 2024

Wine industry
COMMISSIONER WILSON	MELBOURNE, 24 DECEMBER 2024

Application for approval of the Ozpak Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ozpak Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OzPak Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 20 September 2023 and the Agreement was made on 24 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Australian Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OzPak Pty Ltd, an Australian company, applied to the Fair Work Commission for approval of the Ozpak Enterprise Agreement 2024. The application was brought before the Federal Court of Australia as a dispute arose concerning the fairness and validity of the agreement. The primary legal issues before the court were whether the agreement complied with the Fair Work Act 2009, and if the processes leading to the agreement were fair and reasonable. Specifically, the court needed to determine if the agreement was genuinely negotiated, if it covered all required terms, and if it was made in good faith.

The court examined the negotiation process, the terms of the agreement, and the compliance with statutory requirements. It looked into whether the agreement was made without any coercion or undue influence and if it met the minimum standards set by the Fair Work Act. The court also assessed the fairness of the agreement's terms and whether it was reasonable in all its aspects. The company argued that the agreement was fairly negotiated and met all legal requirements, while opposing parties raised concerns about the negotiation process and certain terms of the agreement.

The Federal Court found that the negotiation process was generally fair, and the agreement met the statutory requirements of the Fair Work Act. The court concluded that the terms of the agreement were reasonable and complied with minimum standards. The company's argument that the agreement was fairly negotiated and met all legal requirements was upheld. The court approved the Ozpak Enterprise Agreement 2024, finding it to be valid and enforceable. The opposing parties' concerns about the negotiation process and certain terms were not substantiated, leading to the dismissal of their objections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established