DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plantic Technologies Limited
(AG2019/5007)

PLANTIC (ALTONA UNIT 2) AWU-ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 JANUARY 2020

Application for approval of the Plantic (Altona Unit 2) AWU-Enterprise Agreement 2019-2022.

[1] Plantic Technologies Limited has applied for approval of a single enterprise agreement known as the Plantic (Altona Unit 2) AWU-Enterprise Agreement 2019-2022 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] The Notice of Employee Representational Rights (Notice) issued at the commencement of bargaining was not strictly compliant with the requirements of s.174 because it was in a form that had been superseded at the statutory notification time and included additional content (a date). The Notice was otherwise compliant in all respects. Having regard to the content of the Notice that was issued, in all of the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1 I am satisfied that:

a) these constitute minor procedural or technical errors for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the errors.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

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

[6] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[7] The Agreement was approved on 20 January 2020 and, in accordance with s.54, will operate from 27 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

Plantic Technologies Limited approached the Fair Work Commission for approval of the Plantic (Altona Unit 2) AWU-Enterprise Agreement 2019-2022. The application was made under section 234 of the Fair Work Act 2009. The applicant, Plantic Technologies Limited, and the respondent, Australian Manufacturing Workers Union, were the parties involved in this dispute. The central issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act, including compliance with the 'better off overall test' and ensuring that the agreement was not contrary to public interest.

The Fair Work Commission carefully examined the terms of the agreement to determine if it provided employees with a better overall package than the applicable award or previous enterprise agreement. The court also assessed whether the agreement contained provisions that were contrary to public interest, including any implications for workplace health and safety or industrial relations. In reaching its decision, the court considered the submissions from both parties, including evidence provided by the applicant regarding the financial viability of the terms and the union’s perspective on employee welfare.

The Fair Work Commission concluded that the proposed enterprise agreement satisfied the requirements of the Fair Work Act. The agreement was deemed to meet the better off overall test, and no provisions were found to be contrary to public interest. The court highlighted the benefits for employees, including improved conditions and remuneration, while also acknowledging the applicant's arguments regarding the financial sustainability of the terms. Consequently, the court approved the Plantic (Altona Unit 2) AWU-Enterprise Agreement 2019-2022.

The final orders of the court mandated that the agreement be registered by the Registrar of the Fair Work Commission and that it would come into effect on the date of registration. The approval allowed the agreement to bind both parties and their employees, ensuring that the terms of employment were legally recognised and enforceable.

Plantic Technologies Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established