DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pack-Tainers Pty Ltd
(AG2019/2872)

PACK-TAINERS PTY LTD WOOL HANDLING EMPLOYEES ENTERPRISE AGREEMENT 2019

Wool storage, sampling and testing industry
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2019

Application for approval of the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pack-Tainers Pty Ltd.

[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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pack-Tainers Pty Ltd, an employer within the wool handling industry, sought approval of the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2019. The application was heard by the Fair Work Commission (FWC), an independent statutory tribunal with jurisdiction to approve, reject, or vary enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements of the Act, specifically whether it complied with the "better off overall test" and whether it contained any terms that were outside the scope of the agreement's purpose.

The FWC examined whether the proposed agreement satisfied the "better off overall test", which requires that employees are at least as well off under the agreement as they would be under the applicable award. The FWC also considered whether the agreement contained any terms that were outside its scope or purpose, which could render the agreement invalid. The employer argued that the agreement was fair and reasonable, providing improved wages and conditions for employees. The FWC accepted that the proposed agreement met the "better off overall test" and that it contained no terms outside its scope or purpose.

In its decision, the FWC approved the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2019, finding that it complied with the requirements of the Fair Work Act. The FWC noted that the proposed agreement provided improved wages and conditions for employees and met the "better off overall test". The FWC also found that there were no terms in the agreement that were outside its scope or purpose. The FWC's approval of the agreement means that it will now be legally binding on both the employer and employees, and will replace the applicable award as the primary source of employment conditions for those covered by the agreement.

The FWC's approval of the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2019 is a positive outcome for both the employer and employees in the wool handling industry. The agreement provides improved wages and conditions for employees, while also providing the employer with greater flexibility in managing their workforce. The FWC's decision confirms that the proposed agreement met the requirements of the Fair Work Act, and that it is a fair and reasonable agreement for both parties.

Pack-Tainers 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