Power Plastics Pty Limited

[2017] FWCA 3245

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Power Plastics Pty Limited

(AG2017/1422)

Power Plastics Enterprise Agreement 2016

Manufacturing and associated industries
Deputy President Gostencnik	MELBOURNE, 15 JUNE 2017

Application for approval of the Power Plastics Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Power Plastics Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Power Plastics Pty Limited. The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 15 June 2017 and, in accordance with s.54, will operate from 22 June 2017. The nominal expiry date of the Agreement is 1 March 2010.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Power Plastics Pty Limited applied to the Fair Work Commission for approval of the Power Plastics Enterprise Agreement 2016. The company is a small business with fewer than 15 employees. The dispute involved the terms and conditions of employment for its workers, and the application was contested by the Australian Council of Trade Unions. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it complied with the procedural requirements for approval.

The Commission considered the content of the agreement, including its provisions on pay rates, working hours, leave entitlements, and dispute resolution mechanisms. It also examined the process by which the agreement was negotiated and whether the parties had genuinely bargained in good faith. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the small business. The procedural fairness of the negotiation process was also found to be adequate, with no evidence of coercion or undue influence.

As a result, the Commission approved the Power Plastics Enterprise Agreement 2016, allowing it to be registered and enforced. The decision highlighted the importance of considering the unique context of small businesses when assessing enterprise agreements. The Commission emphasised that the approval process should be flexible to accommodate the specific needs and circumstances of smaller enterprises. The final orders included the registration of the agreement, effective from the date of the decision.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established