Plaspak Peteron Pty Ltd

[2014] FWCA 6293

[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

<Price code C, AE410034  PR555289>

APPENDIX A

APPENDIX B