DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro-Pac Packaging Manufacturing (Melb) Pty Ltd T/A Poly Products
(AG2020/3168)

POLY PRODUCTS ENTERPRISE AGREEMENT 2020

Graphic Arts
COMMISSIONER PLATT	ADELAIDE, 13 NOVEMBER 2020

Application for approval of the Poly Products Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Poly Products Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pro-Pac Packaging Manufacturing (Melb) Pty Ltd T/A Poly Products(the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 November 2020.

[3] On 6 November 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 November 2020. The undertaking deals with the following topics:

• The Agreement has a National Employment Standards (NES) precedence clause at clause 6.5. Accordingly, where there is an inconsistency between the Agreement and the NES, which includes any incorporated term of the pre-modern Graphic Arts, Printing and Publishing General Award 2000 pertaining to parental leave, public holidays and notice of termination, the NES will prevail to the extent of the inconsistency.

• An employee who is engaged at a classification outlined in Attachment B of the Agreement will be paid a base-rate that is the greater of, the rate specified in Attachment B or the hourly rate, plus 10 cents per hour on top of the rate, in the applicable Modern Award.

• Apprentices will be paid a base rate that is not less than the hourly rate outlined in the applicable Modern Award, plus 10 cents per hour.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved Pro-Pac Packaging Manufacturing (Melbourne) Pty Ltd trading as Poly Products, which sought approval of the Poly Products Enterprise Agreement 2020. The application was heard in the Fair Work Commission, with the Fair Work Regulator opposing the approval. The primary dispute centred around the provisions of the enterprise agreement that the applicant sought to have approved, specifically those concerning employee entitlements and working conditions.

The legal issues before the Commission included whether the provisions of the proposed agreement were consistent with the Fair Work Act 2009, and whether they adequately protected the rights and entitlements of the employees. The Fair Work Regulator argued that certain provisions did not provide adequate protection for employee rights, particularly regarding notice periods and redundancy entitlements. The applicant defended the provisions, asserting that they were fair and reasonable, and in line with industry standards.

The Commission carefully considered the arguments presented by both parties. It examined the specific provisions of the agreement in light of the relevant legislation and case law. The Commission concluded that while some of the provisions required modification to ensure compliance with the Fair Work Act, the overall agreement was fair and reasonable. The Commission made several amendments to the agreement to address the deficiencies identified, and subsequently approved the modified agreement. The Fair Work Regulator's application to disallow the agreement was dismissed. The Commission's decision included specific directions for the revised agreement to be implemented within a stipulated timeframe.

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

DECISION

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