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

[2014] FWCA 3721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pro-Pac Packaging Manufacturing (Melb) Pty Ltd T/A Poly Products
(AG2014/1248)

POLY PRODUCTS CO PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 JUNE 2014

Application for approval of the Poly Products Co Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Poly Products Co Pty Ltd Enterprise Agreement 2014 (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 Packaging Manufacturing (Melb) Pty Ltd T/A Poly Products. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice (UV), 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2014. The nominal expiry date of the Agreement is 1 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pro-Pac Packaging Manufacturing (Melb) Pty Ltd, trading as Poly Products, brought an application to the Fair Work Commission for approval of the Poly Products Co Pty Ltd Enterprise Agreement 2014. The applicant sought to have the agreement made by the parties recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, who argued that certain terms of the agreement were unfair and did not meet the statutory standards for approval.

The primary legal issues before the commission were whether the terms of the agreement were procedurally and substantively fair and met the requirements for approval under the Fair Work Act. The applicant argued that the agreement was the product of genuine negotiations and contained terms that were fair and reasonable. The union contended that the agreement contained terms that were unfair to employees and did not comply with the requirements for approval under the Act.

In determining the application, the commission considered the evidence and submissions from both parties. The commission found that the agreement was the product of genuine negotiations between the parties and that the terms of the agreement were fair and reasonable. The commission was satisfied that the agreement met the requirements for approval under the Fair Work Act and approved the agreement as a registered agreement.

The Fair Work Commission approved the Poly Products Co Pty Ltd Enterprise Agreement 2014 as a registered agreement under the Fair Work Act 2009. The commission found that the agreement was the product of genuine negotiations and that the terms of the agreement were fair and reasonable. The commission was satisfied that the agreement met the requirements for approval under the Act. The union's opposition to the agreement was dismissed.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established