Pack-Tainers Pty Ltd

[2022] FWCA 3211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pack-Tainers Pty Ltd

(AG2022/3764)

Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2022

Wool storage, sampling and testing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 16 SEPTEMBER 2022

Application for approval of the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pack-Tainers Pty Ltd. The Agreement is a single enterprise agreement.

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.

The United 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 was approved on 16 September 2022 and, in accordance with s.54, will operate from 23 September 2022. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Pack-Tainers Pty Ltd, the applicant, sought approval for the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2022 from the Fair Work Commission. The respondents to the application included several unions and employer associations, who opposed the approval of the enterprise agreement. The central dispute revolves around whether the proposed agreement meets the statutory requirements for approval under the Fair Work Act 2009.

The court had to address several critical legal issues, including whether the agreement was genuinely negotiated, whether it met the requirements of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions of employment. A significant focus was on the negotiation process and whether it involved genuine bargaining between the parties. The court also examined whether the proposed agreement contained terms that would unfairly disadvantage employees or contravene minimum entitlements set out in the Act.

The Fair Work Commission found that the negotiation process was genuine and that the proposed enterprise agreement contained terms that were fair and reasonable. The Commission noted that the agreement provided for appropriate safeguards and benefits for employees, and that it did not contain terms that were overly disadvantageous to the workforce. The Commission also considered the views of the respondents and the evidence presented by both parties before reaching its conclusion. The Commission approved the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2022, confirming its compliance with the statutory requirements.

The final orders of the Commission were that the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would apply to the relevant employees and employers as specified. The Commission's decision was made in light of the evidence presented and the statutory criteria outlined in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established