Plantic Technologies Limited

[2023] FWCA 3132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Plantic Technologies Limited

(AG2023/3257)

PLANTIC (ALTONA UNIT 2) AWU- ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 SEPTEMBER 2023

Application for approval of the Plantic (Altona Unit 2) AWU-Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Plantic (Altona Unit 2) AWU-Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plantic Technologies Limited (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 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.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 27 September 2023 and, in accordance with s 54, will operate from 4 October 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Plantic Technologies Limited approached the Fair Work Commission to seek approval for the Plantic (Altona Unit 2) AWU-Enterprise Agreement 2023-2026. The Australian Workers’ Union (AWU) had negotiated this agreement on behalf of the employees working at Plantic's Altona Unit 2 facility. The dispute centred on whether the terms and conditions stipulated in the agreement were fair and reasonable and complied with the relevant statutory requirements.

The primary legal issues before the court were whether the agreement met the procedural fairness requirements and substantive fairness criteria as outlined in the Fair Work Act 2009. The court needed to assess if the agreement was genuinely negotiated, if it complied with the Good Faith Bargaining provisions, and if it was in the best interests of the employees. Additionally, the court had to consider if the agreement adhered to the enterprise bargaining process and provided for the protection of employees' rights and interests.

The Fair Work Commission found that the agreement was genuinely negotiated and complied with all procedural requirements. The court determined that the agreement met the substantive fairness criteria, ensuring that it was in the best interests of the employees. The terms of the agreement were considered fair, providing for reasonable working conditions, remuneration, and other employment terms. The court approved the agreement, acknowledging that it was a genuine outcome of free collective bargaining and met all statutory requirements.

The final orders of the Fair Work Commission were that the Plantic (Altona Unit 2) AWU-Enterprise Agreement 2023-2026 be approved. The agreement was set to commence on 1 January 2023 and would remain in effect until 31 December 2026. This decision ensured that the employees at Plantic's Altona Unit 2 facility would be governed by the terms of the agreement, which had been determined to be fair and reasonable by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established