DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro-Pac Packaging Manufacturing (Melb) Pty Ltd T/A Poly Products
(AG2017/1612)

POLY PRODUCTS CO. PTY. LTD. ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 24 MAY 2017

Application for approval of the Poly Products Co Pty Ltd Enterprise Agreement 2016.

[1] On 9 May 2017 Pro-Pac Packaging Manufacturing (Melb) Pty Ltd T/A Poly Products (Applicant) made an application for approval of the Poly Products Co Pty Ltd Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Voice, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 31 May 2017. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Pro-Pac Packaging Manufacturing (Melbourne) Pty Ltd, trading as Poly Products, applied for the approval of the Poly Products Co Pty Ltd Enterprise Agreement 2016. The application was brought before the Deputy President, Michael Green, who was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Deputy President were primarily concerned with whether the agreement provided for a safety net of minimum wages and conditions, whether it contained a genuine enterprise agreement, and whether it complied with the procedural fairness requirements under the Act. A secondary issue was whether the agreement allowed for the appropriate balance between the rights of employees and the legitimate needs of employers.

Deputy President Green concluded that the agreement provided for a safety net of minimum wages and conditions and contained a genuine enterprise agreement. He also found that the agreement was procedurally fair and met the requirements under the Act. The Deputy President was satisfied that the agreement allowed for the appropriate balance between the rights of employees and the legitimate needs of employers. Consequently, the Deputy President approved the Poly Products Co Pty Ltd Enterprise Agreement 2016.

The approval of the enterprise agreement signifies that it will now be in effect, governing the terms and conditions of employment for the relevant employees. This decision provides clarity and certainty for both the employer and employees regarding their rights and obligations under the agreement.

Pro-Pac Packaging Manufacturing (Melb) Pty Ltd T/A Poly Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established