DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sealed Air Australia Pty Ltd T/A Sealed Air
(AG2019/1813)

SEALED AIR AUSTRALIA (FAWKNER SITE) MAINTENANCE ENTERPRISE AGREEMENT - 2018 - 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2019

Application for approval of the Sealed Air Australia (Fawkner Site) Maintenance Enterprise Agreement - 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sealed Air Australia (Fawkner Site) Maintenance 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 T/A Sealed Air. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 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, trading as Sealed Air, applied for approval of the Sealed Air Australia (Fawkner Site) Maintenance Enterprise Agreement - 2018 - 2021. The application was heard by the Fair Work Commission, with the Hon. Deputy President Ian Macdonald presiding. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue for the Commission was whether the agreement contained terms that complied with the Act, including the "better off overall test" and the "public interest test". The Commission had to assess if the proposed terms of the agreement provided employees with a fair and reasonable set of conditions compared to the applicable minimum standards, and whether the terms would be detrimental to the public interest. Furthermore, the Commission examined if the agreement adhered to the procedural requirements set out in the Fair Work Act, including the negotiation process and the provision of necessary documentation.

The Commission determined that the agreement met the statutory requirements and passed both the better off overall test and the public interest test. It found that the agreement provided employees with improved conditions compared to the minimum standards and that there was no evidence that the terms would be detrimental to the public interest. The Commission also found that the negotiation process complied with the procedural requirements of the Act. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the Sealed Air Australia (Fawkner Site) Maintenance Enterprise Agreement - 2018 - 2021, and the agreement is now in effect.

Sealed Air Australia Pty Ltd T/A Sealed Air

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established