Pro-Pac Group Pty Ltd T/A Propac Group Summary

[2024] FWCA 3583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pro-Pac Group Pty Ltd T/A Propac Group

(AG2024/3333)

PRO PAC GROUP PTY LTD (KIRRAWEE SITE) AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 OCTOBER 2024

Application for approval of the Pro Pac Group Pty Ltd (Kirrawee Site) Australian Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Pro Pac Group Pty Ltd (Kirrawee Site) Australian Workers Union Enterprise Agreement 2024. The application was made pursuant to section 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement.

The Employer has provided written Undertakings. A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 October 2024. The nominal expiry date of the Agreement is 30 June 2028.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pro-Pac Group Pty Ltd, trading as Propac Group, applied to the Fair Work Commission for approval of their enterprise agreement, titled the Pro Pac Group Pty Ltd (Kirrawee Site) Australian Workers Union Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for the unionised workers at their Kirrawee site. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the statutory requirements for enterprise agreements, including whether it was made in good faith, provided for a genuine enterprise, and was free from any improper influence or coercion. The applicant argued that the agreement was negotiated fairly and represented the true preferences of the employees, while any concerns raised were adequately addressed. The Commission had to assess the evidence and submissions provided to make an informed decision.

After a thorough examination of the evidence and submissions, the Fair Work Commission found that the agreement was made in good faith, covered a genuine enterprise, and did not contain any terms that were against public policy. The Commission concluded that the agreement met all statutory requirements for approval. Consequently, the Commission approved the Pro Pac Group Pty Ltd (Kirrawee Site) Australian Workers Union Enterprise Agreement 2024, and the application was successful. The approved agreement now sets the terms and conditions for the employees at the Kirrawee site.

Pro-Pac Group Pty Ltd T/A Propac Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established