Pro-Pac Group Limited T/A Integrated Packaging WA Pty Ltd Summary

[2022] FWCA 1674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pro-Pac Group Limited T/A Integrated Packaging WA Pty Ltd

(AG2022/1274)

Approval of the Integrated Packaging Kewdale Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 20 MAY 2022

Application for approval of the Integrated Packaging Kewdale Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Integrated Packaging Kewdale Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pro-Pac Group Limited T/A Integrated Packaging WA Pty Ltd. The Agreement is a single enterprise agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2022. The nominal expiry date of the Agreement is 31 October 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pro-Pac Group Limited, trading as Integrated Packaging WA Pty Ltd, applied for approval of the Integrated Packaging Kewdale Enterprise Agreement 2021. The application was heard by the Fair Work Commission, which must consider whether the agreement meets the statutory requirements for approval. The application was contested by a union, arguing that the agreement failed to meet certain standards under the Fair Work Act 2009. The union raised concerns about the coverage of the agreement, the procedural fairness of the bargaining process, and the terms and conditions of employment provided in the agreement.

The legal issues before the Commission included whether the agreement was made in good faith and covered all relevant employees, whether the bargaining process was fair and reasonable, and whether the agreement provided for minimum entitlements and occupational health and safety. The Commission considered the evidence and submissions from both parties, including witness testimonies and documentary evidence. The Commission determined that the agreement was made in good faith and covered all relevant employees. The Commission also found that the bargaining process was fair and reasonable, and that the agreement provided for minimum entitlements and occupational health and safety.

The Fair Work Commission approved the Integrated Packaging Kewdale Enterprise Agreement 2021. The Commission found that the agreement met all the statutory requirements for approval, including that it was made in good faith, covered all relevant employees, provided for minimum entitlements, and provided for occupational health and safety. The Commission also found that the bargaining process was fair and reasonable. The union's concerns were rejected, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

Pro-Pac Group Limited T/A Integrated Packaging WA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established