DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIG Combibloc Australia Pty Ltd
(AG2021/4797)

SIG COMBIBLOC AUSTRALIA PTY LTD (BROADMEADOWS) UWU ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MAY 2021

Application for approval of the SIG Combibloc Australia Pty Ltd (Broadmeadows) UWU Enterprise Agreement 2021.

[1] SIG Combibloc Australia Pty Ltd has made an application for approval of an enterprise agreement known as the SIG Combibloc Australia Pty Ltd (Broadmeadows) UWU Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. Further, it appears that employees were not given a copy of the Manufacturing and Associated Industries and Occupations Award 2010 (which is incorporated into the Agreement) during the ‘access period’ and did not have access to the Award throughout the access period, contrary to s 180(2). Employees were however given access to the award soon after the commencement of the access period. In all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that these matters constitute minor procedural or technical errors for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] The United Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 May 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SIG Combibloc Australia Pty Ltd, sought approval of the Enterprise Agreement from the Fair Work Commission. The agreement, which was to apply to its employees in Broadmeadows, was entered into in accordance with the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers’ Union, opposed the application on the basis that the agreement did not meet the “better off overall test” and contained provisions that were contrary to public policy. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, specifically if it satisfied the better off overall test, and if it contained any provisions that contravened public policy. The Commission considered the evidence presented by both parties and analysed the terms of the agreement in light of relevant case law and statutory provisions. The Commission found that the agreement did meet the better off overall test and did not contain any provisions that contravened public policy.

The Fair Work Commission approved the Enterprise Agreement, finding that it met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a number of improvements for employees, including wage increases and improved conditions. The Commission found that the agreement was in the best interests of the employees and did not contain any provisions that were contrary to public policy. The Commission made an order approving the Enterprise Agreement.

No further orders were made.

SIG Combibloc 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