DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Packcentre Marketing Services Pty Ltd
(AG2016/7801)

PACKCENTRE MARKETING SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the Packcentre Marketing Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Packcentre Marketing Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Packcentre Marketing Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2017. The nominal expiry date of the Agreement is 6 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Packcentre Marketing Services Pty Ltd and its employees, with the Fair Work Commission (FWC) tasked with approving the 2016 Enterprise Agreement. The employees sought approval of the agreement, while the employer argued that certain provisions were not in line with the Fair Work Act 2009. The Commission had to decide whether the agreement met the requirements for approval under the Act.

The key legal issues centred on whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of the terms and conditions it established. The Commission had to assess whether the agreement was made in good faith, whether it provided for proper dispute resolution mechanisms, and whether it included appropriate provisions for minimum entitlements and rights. Additionally, the court had to consider if the agreement contained any unfair terms that could render it invalid.

The Fair Work Commission determined that the agreement was generally fair and in compliance with the Fair Work Act. The Commission found that the agreement was made in good faith, included adequate dispute resolution mechanisms, and provided for minimum entitlements and rights. Despite some concerns regarding certain provisions, the overall fairness and compliance with the Act led the Commission to approve the agreement. The court noted that the benefits of the agreement for the employees outweighed any minor deficiencies.

The Fair Work Commission approved the Packcentre Marketing Services Pty Ltd Enterprise Agreement 2016, subject to certain conditions and modifications to address the minor concerns raised during the review process. The decision was made in light of the overall fairness of the agreement and its compliance with the Fair Work Act.

Packcentre Marketing Services 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