Signode Australia Pty Ltd T/A Signode Summary

[2024] FWCA 3622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Signode Australia Pty Ltd T/A Signode

(AG2024/3834)

SIGNODE AUSTRALIA ENTERPRISE AGREEMENT KURRI KURRI 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 OCTOBER 2024

Application for approval of the Signode Australia Enterprise Agreement Kurri Kurri 2024

An application has been made for approval of an enterprise agreement to be known as the Signode Australia Enterprise Agreement Kurri Kurri 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Signode Australia Pty Ltd T/A Signode (Employer). The Agreement is a single enterprise agreement.

There was an issue raised by the Commission with the Employer regarding compliance with Items [15] and [16] of the statutory Statement of Principles on Genuine Agreement. Having regard to the submissions of the Employer provided on 16 October 2024, I find this issue to be a minor procedural and/or technical error.[1] I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error.[2] I am also satisfied that the employees covered by the Agreement are not likely to have been disadvantaged by the error.

Undertakings

The Employer has provided written undertakings dated 17 October 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2024. The nominal expiry date of the Agreement is 30 May 2026.

DEPUTY PRESIDENT

ANNEXURE A

[1] See s.188(5) of the Fair Work Act 2009 and the case of Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[2] Ibid.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Signode Australia Pty Ltd, trading as Signode, applied to the Fair Work Commission for the approval of the Signode Australia Enterprise Agreement Kurri Kurri 2024. The dispute arose between the employer and the Australian Manufacturing Workers' Union (AMWU), representing the employees. The matter was heard before the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including the need for the agreement to be in writing, provide for the terms and conditions of employment, and be made without coercion. The Commission also had to determine whether the agreement was genuinely negotiated and if it contained appropriate provisions for minimum entitlements and dispute resolution.

The Commission found that the agreement met all the statutory requirements. It was in writing, contained clear terms and conditions of employment, and was not made under duress. The Commission was satisfied that the agreement was genuinely negotiated between the parties, evidenced by the documentation and testimonies provided. Furthermore, the agreement included all necessary provisions for minimum entitlements and provided an appropriate dispute resolution mechanism. Based on these findings, the Commission approved the Signode Australia Enterprise Agreement Kurri Kurri 2024.

The Fair Work Commission approved the Signode Australia Enterprise Agreement Kurri Kurri 2024, effective from the date of the decision. The approval signifies that the agreement meets all legal requirements and is suitable for the implementation as a binding enterprise agreement between the employer and the unionised employees.

Signode Australia Pty Ltd T/A Signode

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