DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plascorp Pty Ltd
(AG2018/2748)

PLASCORP PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 AUGUST 2018

Application for approval of the Plascorp Pty Ltd & National Union of Workers Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Plascorp Pty Ltd & National Union of Workers Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plascorp Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 1 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Plascorp Pty Ltd, an employer, applied to the Fair Work Commission for approval of the enterprise agreement between itself and the National Union of Workers. The agreement, which covered employees engaged in the manufacture of plastic products, was intended to regulate various aspects of employment, including wages, conditions, and dispute resolution. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as prescribed by the Act, and whether it included appropriate dispute resolution procedures. The National Union of Workers argued that certain provisions of the agreement were not made in good faith and did not provide the required minimum terms. Conversely, Plascorp Pty Ltd contended that the agreement was fair and met all statutory requirements.

The Commission, after thorough examination, found that the agreement had indeed been made in good faith and included all the mandated minimum terms and conditions. The Commission also determined that the dispute resolution procedures were adequate. Therefore, the application for approval was successful. The agreement was approved under the Fair Work Act, and the terms became legally binding on both parties.

Plascorp 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