DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plastic Bottles Pty Ltd
(AG2021/5855)

PLASTIC BOTTLES PTY LTD (BLOWCON) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 JULY 2021

Application for approval of the Plastic Bottles Pty Ltd (Blowcon) and United Workers Union Enterprise Agreement 2020.

[1] Plastic Bottles Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Plastic Bottles Pty Ltd (Blowcon) and United Workers Union Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 July 2021 and, in accordance with s 54, will operate from 28 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Plastic Bottles Pty Ltd, the applicant, sought approval of an enterprise agreement with the United Workers Union, the respondent. The application was brought under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The primary dispute centred around the terms and conditions of employment outlined in the proposed agreement, specifically whether they complied with the legislative requirements and if they were fairly negotiated.

The court was tasked with determining whether the enterprise agreement met the statutory criteria for approval, including whether it contained the minimum terms and conditions as prescribed by the Fair Work Act, and whether it was negotiated in good faith. Additionally, the court examined whether the agreement provided for a fair and reasonable process for resolving disputes and whether it adequately protected the rights of employees and employers.

In delivering its decision, the Fair Work Commission found that the agreement substantially complied with the statutory requirements. The Commission noted that the agreement contained all the prescribed minimum terms and conditions and that there was evidence of good faith negotiations between the parties. The Commission also found that the dispute resolution mechanisms provided for in the agreement were fair and reasonable. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the Plastic Bottles Pty Ltd (Blowcon) and United Workers Union Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and would remain in force for the period specified within the agreement. The approval of the enterprise agreement was a significant step in ensuring that the terms and conditions of employment for the employees of Plastic Bottles Pty Ltd were fair, reasonable, and met the requirements of the Fair Work Act.

Plastic Bottles 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