Packsys Pty Ltd

[2014] FWCA 7083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Packsys Pty Ltd
(AG2014/9124)

PACKSYS TINGALPA ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CAMBRIDGE	SYDNEY, 8 OCTOBER 2014

Application for approval of the Packsys Tingalpa Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Packsys Tingalpa Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Packsys Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 23 September 2014. The application included a Statutory Declaration of Don Flanagan made on behalf of the Employer and dated 23 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 22 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 8 October 2014. I note that the file has included a Statutory Declaration of Rohan Webb made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 9 and a consultation term at clause 13.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 15 October 2014. The nominal expiry date of the Agreement as indicated in clause 5 of the Agreement, is 15 October 2017.

COMMISSIONER

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Packsys Pty Ltd applied for the approval of the Packsys Tingalpa Enterprise Agreement 2014, which was to replace the existing enterprise agreement between the company and its employees. The application was made to the Fair Work Commission (FWC), the federal workplace relations tribunal with jurisdiction over such matters. The dispute centred around whether the new agreement adequately represented the interests of the employees and complied with the relevant legislative requirements.

The FWC was required to determine whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a fair and reasonable set of terms and conditions compared to the existing agreement. Additionally, the FWC needed to ensure that the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in terms of minimum wage rates, leave entitlements, and procedural fairness.

After examining the evidence presented by both parties, the FWC determined that the Packsys Tingalpa Enterprise Agreement 2014 was a BOOT agreement. The FWC found that the proposed agreement provided employees with improved terms and conditions, including increased pay rates, better leave entitlements, and enhanced procedural fairness provisions. The FWC was satisfied that the agreement complied with the relevant legislation and that it was in the best interests of the employees. Consequently, the FWC approved the agreement, which will now replace the existing enterprise agreement between Packsys Pty Ltd and its employees.

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