DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealed Air Australia Pty Ltd
(AG2018/7074)

SEALED AIR AUSTRALIA PTY LTD (TULLAMARINE) & NATIONAL UNION WORKERS ENTERPRISE AGREEMENT - 2018 - 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Sealed Air Australia Pty Ltd (Tullamarine) & National Union Workers Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Sealed Air Australia Pty Ltd (Tullamarine) & National Union Workers Enterprise Agreement 2018-2021 (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.

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

[3] The National Union of Workers 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clauses 36.6, 36.7, 36.9 - Personal and Bereavement Leave;

• Clause 36.17 - Compassionate Leave; and

• Clause 34 - Long Service Leave.

However, noting clause 9.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sealed Air Australia Pty Ltd applied for approval of the Sealed Air Australia Pty Ltd (Tullamarine) & National Union Workers Enterprise Agreement 2018-2021. The National Union of Workers brought the application in their capacity as an accredited union under the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Deputy President L. C. Bennett.

The legal issues before the Court centred on whether the proposed agreement complied with the requirements of the Fair Work Act, particularly sections concerning procedural fairness, the protection of employee rights, and the avoidance of undue hardship on the employer. The key points of contention included whether the agreement provided for adequate consultation with employees, whether it adequately protected employee rights, and whether it imposed undue hardship on the employer.

After examining the evidence and submissions from both parties, the Court found that the agreement met the statutory requirements for approval. The Court was satisfied that there had been sufficient consultation with employees, that the agreement did not unjustifiably disadvantage any party, and that it did not impose undue hardship on the employer. The Court also noted the parties' commitment to a collaborative and cooperative workplace culture, which was a significant factor in its decision. Consequently, the Court approved the agreement.

The Fair Work Commission ordered that the Sealed Air Australia Pty Ltd (Tullamarine) & National Union Workers Enterprise Agreement 2018-2021 be approved as a registered agreement under the Fair Work Act. This decision was effective from the date of the Court's determination and binding on all parties involved.

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