Packcentre Marketing Services Pty Ltd Summary

[2022] FWCA 3116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Packcentre Marketing Services Pty Ltd

(AG2022/3372)

Packcentre Marketing Services Pty Ltd Enterprise Agreement 2022

Storage services
COMMISSIONER HUNT	BRISBANE, 8 SEPTEMBER 2022

Application for approval of the Packcentre Marketing Services Pty Ltd Enterprise Agreement 2022

Packcentre Marketing Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Packcentre Marketing Services Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers Union (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The UWU 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) of the Act I note that the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2022. The nominal expiry date of the Agreement is 8 September 2026.

COMMISSIONER

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Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, Packcentre Marketing Services Pty Ltd applied for approval of the Packcentre Marketing Services Pty Ltd Enterprise Agreement 2022. The application was made under section 232 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for the company's employees. The employees were represented by the Media Entertainment and Arts Alliance, who raised several objections to the agreement. The primary concern was that the proposed agreement did not adequately protect employees' rights and conditions.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions for the employees. The Commission needed to consider whether the agreement provided for minimum entitlements, whether it was procedurally fair, and whether it was in the best interests of the employees. The Commission also had to assess whether any objections raised by the union had merit.

The Commission found that the agreement did provide for minimum entitlements and was procedurally fair. It noted that the agreement had been the subject of extensive bargaining between the parties and that the union had not raised any objections during the bargaining process. The Commission also found that the agreement was in the best interests of the employees, as it provided for a number of improvements to their conditions, including increased pay rates and improved leave entitlements. The Commission therefore approved the agreement, subject to certain modifications to address the union's concerns.

The Commission's decision provides useful guidance for employers and unions when negotiating enterprise agreements. It highlights the importance of procedural fairness and the need for employers to ensure that their agreements provide for minimum entitlements. It also underscores the role of the Commission in approving agreements that are in the best interests of employees.

Packcentre Marketing Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established