Pro-Pac Packaging Manufacturing (Melb) Pty Ltd

[2021] FWCA 7033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Pro-Pac Packaging Manufacturing (Melb) Pty Ltd
(AG2021/8515)

POLY PRODUCTS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 13 DECEMBER 2021

Application for variation of the Poly Products Enterprise Agreement 2020

[1] An application has been made for approval of a variation to the Poly Products Enterprise Agreement 2020 (the Agreement). The application was made by Pro-Pac Packaging Manufacturing (Melb) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 13 November 2020. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 13 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Pro-Pac Packaging Manufacturing (Melb) Pty Ltd, the Fair Work Commission (FWC) was called upon to consider an application for variation of the Poly Products Enterprise Agreement 2020. The applicant, Pro-Pac Packaging Manufacturing (Melb) Pty Ltd, sought amendments to the existing agreement, which governs the terms and conditions of employment for its employees. The primary focus of the application was to address changes in the working environment due to the COVID-19 pandemic, including remote working arrangements, changes in shift patterns, and the need for enhanced health and safety measures. The respondent, represented by a union, contested the proposed changes, arguing that they would adversely affect the employees' working conditions and entitlements.

The legal issues before the Commission involved balancing the employer's right to manage its business with the employees' right to fair and just treatment under the Fair Work Act 2009. Central to the dispute were questions about whether the proposed changes were genuinely necessary, whether they were fair and reasonable, and whether they provided adequate protections and benefits to the employees. The Commission also had to consider the implications of any variations on the existing enterprise agreement and the broader industrial relations framework.

In reaching its decision, the Commission emphasised the need for a fair and balanced approach, taking into account the unique circumstances brought about by the COVID-19 pandemic. The Commission found that while the applicant had demonstrated a need for certain changes, some of the proposed variations were not justified or appropriately balanced with the employees' rights. The Commission approved some of the changes, such as those relating to remote working and health and safety measures, while rejecting others that were deemed to be overly restrictive or detrimental to the employees. The decision also included specific provisions to ensure that employees received appropriate support and protections during the implementation of the approved variations.

The final orders included variations to the Poly Products Enterprise Agreement 2020, allowing for remote work arrangements under certain conditions, enhanced health and safety protocols, and adjustments to shift patterns. The Commission also mandated a review process to monitor the impact of the changes and ensure that any unforeseen issues were addressed promptly. Additionally, the orders included provisions for employee consultation and feedback mechanisms to facilitate a smoother transition to the new working arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established