DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealed Air Australia Pty Ltd
(AG2019/1420)

SEALED AIR AUSTRALIA PTY LTD PRINTING DEPARTMENT (FAWKNER SITE) ENTERPRISE AGREEMENT 2018 -2021

Graphic Arts
COMMISSIONER JOHNS	MELBOURNE, 14 JUNE 2019

Application for approval of the Sealed Air Australia Pty Ltd Printing Department (Fawkner Site) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sealed Air Australia Pty Ltd Printing Department (Fawkner Site) Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Sealed Air Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sealed Air Australia Pty Ltd sought approval for the Sealed Air Australia Pty Ltd Printing Department (Fawkner Site) Enterprise Agreement 2018 - 2021. The dispute involved the Fair Work Commission's (FWC) assessment of whether the agreement met the statutory requirements under the Fair Work Act 2009. The FWC was required to determine if the agreement provided for the terms and conditions of employment of employees, and if it complied with the procedural fairness requirements of the Act.

The legal issues before the FWC included whether the enterprise agreement was appropriately negotiated, whether it satisfied the "better off overall test" (BOOT), and if it adhered to procedural fairness. Specifically, the FWC needed to consider whether the agreement was genuinely negotiated between the employer and the employees' representative, if the employees would be better off overall under the agreement, and whether the process of negotiation and approval was fair.

The FWC found that the enterprise agreement had been genuinely negotiated, met the BOOT, and was procedurally fair. The court examined the evidence of the negotiation process, the terms of the agreement, and the impact on the employees. The FWC concluded that the agreement provided for the terms and conditions of employment and that it was better off overall for the employees. The process of negotiation and approval was also deemed fair.

The FWC approved the Sealed Air Australia Pty Ltd Printing Department (Fawkner Site) Enterprise Agreement 2018 - 2021, confirming its compliance with the statutory requirements under the Fair Work Act 2009.

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