Power Plastics Pty Ltd

[2020] FWCA 2081

[2020] FWCA 2081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Power Plastics Pty Ltd
(AG2020/979)

POWER PLASTICS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 30 APRIL 2020

Application for approval of the Power Plastics Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Power Plastics Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Power Plastics Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that the Wage Rates Schedule satisfies the Better Off Overall Test (BOOT) on the basis that the minimum hourly rate for each category provides for a higher rate of pay than what is provided for that employee in the applicable Modern Award.

[4] The Wage Rates Schedule is accessible on the Commission’s file to any employee or relevant employee organisation upon request.

[5] I note that the rates of pay were provided to employees during the negotiations, with the employees having access to them prior to and at the time of voting.

[6] The rates of pay are not in the Agreement itself, and as such I am satisfied that there is no redacting being made to the Agreement which would cause conflict with the decision of AWU v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FCWFB 7501.

[7] 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2020. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

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