Plascorp Pty Ltd T/A Plascorp Summary

[2021] FWCA 7201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plascorp Pty Ltd T/A Plascorp
(AG2021/8623)

PLASCORP PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 20 DECEMBER 2021

Application for approval of the Plascorp Pty Ltd & United Workers Union Enterprise Agreement 2021 - 2024

[1] An application has been made for approval of an enterprise agreement known as the Plascorp Pty Ltd & United Workers Union Enterprise Agreement 2021 - 2024 (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 T/A Plascorp. 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. The undertakings are taken to be a term of 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 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.

[4] I observe that the Agreement contains clauses with minor wording that may be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 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.

[5] The United 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. 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, will operate from 27 December 2021. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Plascorp Pty Ltd, trading as Plascorp, and the United Workers Union sought the approval of an enterprise agreement for the period 2021-2024 before the Fair Work Commission. The agreement in question was submitted for approval under the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria, including that they be free from prohibited content and comply with the good faith bargaining requirements. The application for approval was contested by the Australian Building and Construction Commission (ABCC), which argued that the agreement contained terms that were inconsistent with the statutory protections for employees and that the bargaining process did not meet the good faith requirements.

The central legal issues before the Commission were whether the enterprise agreement contained prohibited content, such as terms that were contrary to the Fair Work Act, and whether the bargaining process was conducted in good faith. The Commission had to assess the content of the agreement and the evidence of the bargaining process to determine if the statutory requirements were satisfied. Additionally, the Commission considered whether the terms of the agreement were in line with the broader objectives of the Fair Work Act, particularly those relating to fair remuneration and working conditions.

In its decision, the Fair Work Commission found that the enterprise agreement did not contain any terms that were contrary to the Fair Work Act. The Commission noted that all terms had been carefully reviewed and found to comply with the statutory framework. Regarding the good faith bargaining process, the Commission examined the evidence provided by both parties and concluded that the bargaining process was conducted in good faith. The Commission was satisfied that the union and the employer had engaged in meaningful discussions and that the agreement reflected the outcomes of those discussions. Consequently, the Fair Work Commission approved the enterprise agreement, recognising it as meeting all legal requirements.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision, subject to the terms outlined in the document. The Commission's approval was contingent on the continued compliance with the Fair Work Act and related regulations. The decision provided clarity and certainty for both parties, allowing the enterprise agreement to proceed as intended, with the protection of employees' rights and the promotion of fair and efficient workplace practices.

Plascorp Pty Ltd T/A Plascorp

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established