[2018] FWCA 2167

The attached document replaces the document previously issued with the above code on 16 April 2018.

An incorrect agreement name has been inserted into the decision.

Agreements Team

Dated 16 April 2018

[2018] FWCA 2167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perfection Packaging Pty Ltd
(AG2017/6516)

PERFECTION PACKAGING PTY LTD NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Graphic Arts
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 APRIL 2018

Application for approval of the Perfection Packaging Pty Ltd National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Perfection Packaging Pty Ltd National Union of Workers 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 Perfection Packaging 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 16 April 2018 and, in accordance with s.54, will operate from 23 April 2018. The nominal expiry date of the Agreement is 10 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Perfection Packaging Pty Ltd applied for the approval of a new enterprise agreement. The dispute arose between Perfection Packaging Pty Ltd, the employer, and the National Union of Workers, representing the employees. The application was heard by the Fair Work Commission (FWC). The central legal issue before the FWC was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement complied with the procedural fairness requirements and if it contained all the mandatory terms stipulated by the Act.

The FWC carefully examined the process through which the agreement was negotiated and whether it allowed for genuine bargaining between the parties. Additionally, the FWC assessed whether the agreement contained all necessary terms, including minimum wage rates, hours of work, and other employment conditions. The FWC found that the agreement was negotiated in good faith and that it contained all the required terms. The FWC also noted that the agreement provided for appropriate protections and benefits for the employees.

Consequently, the FWC approved the Perfection Packaging Pty Ltd National Union of Workers Enterprise Agreement 2017. The decision was based on the FWC's finding that the agreement was fair and reasonable, meeting all legal requirements for approval. The approval was effective from the date of the FWC's decision, formalising the new terms of employment between the parties.

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