| [2025] FWCA 127 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sealed Air Australia Pty Ltd T/A Sealed Air Australia Pty Ltd
(AG2024/4532)
SEALED AIR AUSTRALIA PTY LTD (FAWKNER) MAINTENANCE ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER FOX | MELBOURNE, 15 JANUARY 2025 |
Application for approval of the Sealed Air Australia Pty Ltd (Fawkner) Maintenance Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Sealed Air Australia Pty Ltd (Fawkner) Maintenance Enterprise Agreement 2024 (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 Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
The Agreement is approved, and in accordance with s.54 of the Act, will operate from 22 January 2025. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Sealed Air Australia Pty Ltd T/A Sealed Air Australia Pty Ltd [2025] FWCA 127
- Case
- [2025] FWCA 127
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement met the requirements for being a "single enterprise agreement," if it provided fair and reasonable terms and conditions, and if it adhered to the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to determine if the agreement was made in good faith and if it appropriately balanced the rights and interests of the parties involved.
The Fair Work Commission, after thorough consideration, found that the Maintenance Enterprise Agreement 2024 was made in good faith and met all procedural requirements. The Commission concluded that the agreement contained fair and reasonable terms and conditions for the employees, and it appropriately balanced the interests of both Sealed Air and their employees. As a result, the Commission approved the agreement, recognising it as a suitable enterprise agreement under the Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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