DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pack-Tainers Pty Ltd
(AG2017/1380)

PACK-TAINERS PTY LTD WOOL HANDLING EMPLOYEES ENTERPRISE AGREEMENT 2017

Wool storage, sampling and testing industry
COMMISSIONER ROE	MELBOURNE, 3 MAY 2017

Application for approval of the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pack-Trainers Pty Ltd Wool Handling Employees Enterprise Agreement 2017 (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.

[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] 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 was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pack-Tainers Pty Ltd is the applicant seeking the approval of the Pack-Tainers Pty Ltd Wool Handling Employees Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The dispute centres around whether the proposed enterprise agreement complies with the requirements of the Fair Work Act 2009, including the criteria for registration and its alignment with the Fair Work Act's objectives. The respondents, including the Australian Workers' Union, argue against the approval on various grounds, including the absence of a pay rise for employees, the inadequacy of provisions concerning shift penalties, and the potential for increased workload without corresponding compensation.

The central legal issues before the commission were whether the agreement met the statutory criteria for approval, including whether it facilitated the efficient and productive operation of the enterprise, and whether it allowed for fair and timely resolution of workplace issues. Additionally, the commission had to consider whether the agreement unfairly disadvantaged employees and if it provided for fair and timely resolution of workplace issues. The court also needed to determine whether the agreement's provisions on shift penalties and workload were reasonable and whether the absence of a pay rise was justified.

The commission, after careful consideration, found that the proposed agreement did not meet the statutory criteria for approval. The commission was particularly concerned about the absence of a pay rise for employees, which it found to be unfair. The commission also found that the provisions concerning shift penalties and workload were not reasonable, and that these provisions would likely lead to increased workload without adequate compensation. The commission concluded that the agreement failed to facilitate the efficient and productive operation of the enterprise and did not allow for the fair and timely resolution of workplace issues. The commission therefore rejected the application for approval of the enterprise agreement.

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