DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plantic Technologies Limited
(AG2014/10239)

PLANTIC (ALTONA) ENTERPRISE AGREEMENT 2014 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 JANUARY 2015

Application for approval of the Plantic (Altona) Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Plantic (Altona) Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Plantic Technologies Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Australian 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 19 January 2015. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Plantic Technologies Limited was the subject of an application before the Fair Work Commission (FWC) for the approval of the Plantic (Altona) Enterprise Agreement 2014-2016. The application arose from negotiations between the employer and employees, who were represented by the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the terms and conditions of employment, specifically the classification and remuneration of employees within the enterprise.

The legal issues before the FWC included whether the proposed agreement met the requirements under the Fair Work Act 2009, including the need for procedural fairness and the protection of employees' rights. The FWC had to consider if the agreement was appropriately negotiated and if it complied with the provisions of the Act, including whether it provided for fair and reasonable terms and conditions.

The FWC determined that the agreement was appropriately negotiated, and that the terms and conditions of employment were fair and reasonable. The FWC found that the process followed was procedurally fair, and the agreement met the statutory requirements. The FWC also noted that the agreement provided for proper classification and remuneration of employees, and that it would not have an adverse effect on the employees' overall conditions of employment. Consequently, the FWC approved the Plantic (Altona) Enterprise Agreement 2014-2016, and the application was successful.

The FWC's decision to approve the agreement was based on the evidence presented, which demonstrated that the agreement was negotiated in good faith and met the necessary legal requirements. The FWC concluded that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees and the employer. The approval of the agreement ensures that the terms and conditions of employment are protected and that the rights of the employees are upheld.

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