DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perfection Packaging Pty Ltd
(AG2021/5074)

PERFECTION PACKAGING PTY LTD UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Graphic Arts
COMMISSIONER YILMAZ	MELBOURNE, 8 JUNE 2021

Application for approval of the Perfection Packaging Pty Ltd United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Perfection Packaging Pty Ltd United Workers Union Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perfection Packaging Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 15 June 2021. The nominal expiry date of the Agreement is 10 September 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Perfection Packaging Pty Ltd, the applicant, sought approval for the Perfection Packaging Pty Ltd United Workers Union Enterprise Agreement 2020. The application was made to the Fair Work Commission (FWC), which was required to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The central dispute centred on the compliance of the agreement with the Act, particularly concerning the provision of minimum entitlements and the procedural fairness of the agreement’s negotiation.

The legal issues before the FWC included whether the enterprise agreement adequately provided for minimum entitlements under the National Employment Standards and the general protections of the Fair Work Act. Another issue was whether the agreement was negotiated in good faith and whether the process followed was fair and reasonable. The FWC also considered the impact of the agreement on the employees' terms and conditions and whether the agreement facilitated a cooperative workplace.

In its decision, the FWC thoroughly reviewed the negotiation process and the contents of the agreement. The Commission found that the agreement met the requirements of the Fair Work Act, including providing for minimum entitlements and ensuring procedural fairness during the negotiation process. The FWC also noted the positive impact of the agreement on the working conditions of the employees, including provisions for better work-life balance and enhanced employee benefits. Consequently, the FWC approved the Perfection Packaging Pty Ltd United Workers Union Enterprise Agreement 2020, subject to certain conditions aimed at ensuring ongoing compliance and fairness.

Perfection Packaging 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