DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perfection Packaging Pty Ltd
(AG2015/1801)

PERFECTION PACKAGING PTY LTD NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the Perfection Packaging Pty Ltd National Union of Workers Enterprise Agreement 2014.

[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 2014 (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] The Agreement does not contain a flexibility clause. 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, and will be appended to the Agreement.

[4] The National Union of Workers (NUW) 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 organisation.

[5] The Agreement was approved in Chambers on 16 February 2015 and, in accordance with s.54 of the Act, will operate from 23 February 2015. The nominal expiry date of the Agreement is 10 September 2017.

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CaseChat Overview and Summary

Perfection Packaging Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Perfection Packaging Pty Ltd National Union of Workers Enterprise Agreement 2014. The respondent, the National Union of Workers, supported the application. The dispute centred on whether the proposed enterprise agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The legal issues at hand were whether the agreement provided for minimum terms and conditions of employment as outlined in the Fair Work Act, whether it was free from any unlawful content, and if it adhered to the procedural requirements for approval as stipulated by the Act. Additionally, the court examined whether the agreement was made in good faith and whether it contained the necessary direct or indirect references to the minimum terms and conditions.

The Fair Work Commission found that the agreement was compliant with all legislative requirements. It determined that the agreement provided for the minimum terms and conditions, was free from unlawful content, and was made in good faith. The procedural requirements for approval were also satisfied, as the agreement had been appropriately negotiated and contained the necessary references to the minimum terms and conditions. Consequently, the Commission approved the enterprise agreement.

As a result of this decision, the Perfection Packaging Pty Ltd National Union of Workers Enterprise Agreement 2014 was formally approved, and the terms set out in the agreement became legally binding on the parties involved.

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