DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Signode Packaging Group Australia Pty Ltd T/A Signode Australia
(AG2018/5912)

SIGNODE AUSTRALIA ENTERPRISE AGREEMENT KURRI KURRI 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Signode Australia Enterprise Agreement Kurri Kurri 2018.

[1] An application has been made for approval of an enterprise agreement known as the Signode Australia Enterprise Agreement Kurri Kurri 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Signode Packaging Group Australia Pty Ltd T/A Signode Australia. The agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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 the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 February 2019 and, in accordance with s 54, will operate from 26 February 2019. The nominal expiry date of the Agreement is 30 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Signode Packaging Group Australia Pty Ltd, trading as Signode Australia, applied to the Fair Work Commission for approval of the Signode Australia Enterprise Agreement Kurri Kurri 2018. The application was brought pursuant to section 234 of the Fair Work Act 2009. The applicant argued that the agreement met the criteria for approval under the legislation, including that it was made in good faith, that it was free from any improper conduct, and that it provided for a fair and efficient system of determining wages and other conditions of employment.

The legal issues before the Commission included whether the agreement was made in good faith and without any improper conduct, and whether the agreement provided for a fair and efficient system of determining wages and other conditions of employment. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act and any relevant modern awards.

The Commission found that the agreement was made in good faith and without any improper conduct, and that it provided for a fair and efficient system of determining wages and other conditions of employment. The Commission considered the evidence and submissions presented by the parties, and concluded that the agreement met the requirements of the Fair Work Act. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act and any relevant modern awards.

The Commission approved the Signode Australia Enterprise Agreement Kurri Kurri 2018, effective from the date of the Commission's decision. The applicant was ordered to take all necessary steps to give effect to the approved agreement, and the agreement was registered on the Register of Approved Agreements.

Signode Packaging Group Australia Pty Ltd T/A Signode Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established