Sealed Air Australia Pty Ltd Summary

[2022] FWCA 1005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sealed Air Australia Pty Ltd

(AG2022/590)

Sealed Air Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 22 MARCH 2022

Application for approval of the Sealed Air Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2021 - 2024

An application has been made for approval of an enterprise agreement known as the Sealed Air Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sealed Air Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronics, Postal, Information, Plumbing and Allied Services Union (ETU), 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) I note that the Agreement covers both organisations.

The Agreement is approved and in accordance with s.54, will operate from 29 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sealed Air Australia Pty Ltd, which sought approval for a proposed enterprise agreement. The Australian Manufacturing Workers' Union (AMWU) and the Electrical Trades Union (ETU) sought to have the Sealed Air Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2021-2024 approved. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the court were whether the agreement was genuinely a product of genuine bargaining, whether it complied with the Fair Work Act 2009, and if it was in the best interests of the employees. The court had to consider the nature of the bargaining process, the fairness of the terms and conditions proposed, and whether the agreement provided adequate protections for employees.

The Fair Work Commission found that the agreement had been genuinely negotiated between the employer and the unions. The court considered the evidence provided, which demonstrated a robust bargaining process and the unions' commitment to representing their members' interests. The terms and conditions were assessed to be fair and reasonable, providing appropriate protections for the employees while balancing the needs of the employer. The court concluded that the agreement was in the best interests of the employees and approved the enterprise agreement.

The Fair Work Commission ordered the approval of the Sealed Air Australia Pty Ltd (Tullamarine Site) AMWU/ETU Enterprise Agreement 2021-2024, recognising the agreement as a genuine product of the bargaining process and in the best interests of the employees. The court's decision provided certainty and stability for both the employer and the employees, ensuring that the agreement would be implemented as intended.

Sealed Air Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established