Plaspak Peteron Pty Ltd

[2014] FWCA 6293

The attached document replaces the document previously issued with the above code on 10 September 2014 and is amended by the removal of the words “Application for approval of the EW Cox Agreement 2014”.

Associate to Commissioner Ryan

Dated 11 September 2014

[2014] FWCA 6293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plaspak Peteron Pty Ltd
(AG2014/8816)

PLASPAK PETERON ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 SEPTEMBER 2014

Application for approval of the Plaspak Peteron Enterprise Agreement 2014.

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

[2] Undertakings have been given in relation to clauses 7.13 and 10 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.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

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

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[6] The NUW, 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.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 17 September 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Plaspak Peteron Pty Ltd, an employer, applied for approval of the Plaspak Peteron Enterprise Agreement 2014. The dispute was heard by the Fair Work Commission. The applicant argued that the agreement was made in good faith and that it met the requirements for approval under the Fair Work Act 2009. The legal issues before the commission were whether the agreement was genuinely an enterprise agreement, was made in good faith, and complied with the requirements of the Fair Work Act.

The commission considered the evidence presented by both parties and examined the terms of the agreement. It found that the agreement was genuinely an enterprise agreement, made in good faith, and complied with the requirements of the Fair Work Act. The commission also found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. The commission approved the agreement, noting that it provided for a reasonable balance between the interests of the employer and the employees.

The commission found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. The agreement provided for a range of entitlements, including minimum wages, leave provisions, and other benefits. The commission was satisfied that the agreement was made in good faith and that it met the requirements for approval under the Fair Work Act. The commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the commission were that the Plaspak Peteron Enterprise Agreement 2014 be approved, subject to certain modifications. The modifications included changes to the agreement to ensure compliance with the Fair Work Act, including provisions for the protection of employee entitlements and the provision of information to employees. The employer was required to implement the modified agreement within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established