DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealed Air Australia Pty Ltd
(AG2020/1599)

SEALED AIR AUSTRALIA PTY LTD (FAWKNER) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 JUNE 2020

Application for approval of the Sealed Air Australia Pty Ltd (Fawkner) & United Workers Union Enterprise Agreement 2019-2023.

[1] Sealed Air Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Sealed Air Australia Pty Ltd (Fawkner) & United Workers Union Enterprise Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised about the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Sealed Air Australia Pty Ltd sought to correct errors in the original application, by filing an amended application and amended Agreement signature pages. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 8.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative confirmed its concerns were resolved by the Undertakings. I am 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[7] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[8] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[9] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[10] The Agreement was approved on 23 June 2020 and, notwithstanding clause 4 and in accordance with s.54, will operate from 30 June 2020. The nominal expiry date of the Agreement is 17 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Sealed Air Australia Pty Ltd, the employer, applied for approval of the Sealed Air Australia Pty Ltd (Fawkner) & United Workers Union Enterprise Agreement 2019-2023, with the Australian Industrial Relations Commission (AIRC). The United Workers Union, representing the employees, did not object to the application. The central issue for the AIRC was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The AIRC examined the provisions of the enterprise agreement to ensure it complied with the mandatory criteria set out in the Fair Work Act. The court had to confirm that the agreement included all the minimum terms and conditions of employment, covered the appropriate workforce, and did not include any terms that would be contrary to public policy or have an adverse effect on employees' safety. The AIRC found that the agreement met all these requirements, and therefore, approved the enterprise agreement. The AIRC noted that the agreement was a genuine bargain between the employer and the union, and it provided a fair and reasonable outcome for both parties.

The AIRC concluded that the enterprise agreement was in compliance with the statutory requirements and approved it. The AIRC found that the agreement provided for fair and reasonable terms and conditions of employment, and it did not contain any terms that would be contrary to public policy or detrimental to employees' safety. The AIRC also noted that the agreement was a genuine bargain between the parties, and it provided a fair outcome for both the employer and the employees. The AIRC's decision was based on the evidence presented and the statutory requirements for the approval of enterprise agreements under the Fair Work Act.

Sealed Air Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established