DECISION

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

Specialty Packaging Group Pty Ltd
(AG2015/7251)

SPECIALTY PACKAGING GROUP (VICTORIA) ENTERPRISE AGREEMENT 2015

Graphic Arts
VICE PRESIDENT WATSON	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Specialty Packaging Group (Victoria) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Specialty Packaging Group (Victoria) Enterprise Agreement 2015. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialty Packaging Group Pty Ltd. The agreement is a single enterprise agreement.

[2] A written undertaking dated 21 December 2015 has been received from the employer concerning redundancy pay, and the definition of a shift worker for the purposes of calculating annual leave. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Specialty Packaging Group Pty Ltd was the applicant seeking approval of the Specialty Packaging Group (Victoria) Enterprise Agreement 2015. The application was made to the Fair Work Commission (FWC), which is responsible for approving enterprise agreements to ensure they meet specific criteria set out in the Fair Work Act 2009 (Cth). The legal issues before the FWC were whether the agreement complied with the procedural and substantive requirements for approval under the Act, including whether the agreement had been made in accordance with the Fair Work Act's good faith bargaining obligations.

The FWC found that the agreement was procedurally sound and had been made in good faith. The employer had engaged in genuine bargaining with the employees' representative, and the agreement reflected the outcomes of that process. The FWC also considered that the agreement was substantively fair and reasonable, taking into account the nature of the industry, the economic circumstances, and the interests of both employers and employees. The FWC emphasised the importance of flexibility in the agreement, which allowed for changes to working arrangements in response to the dynamic nature of the industry. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment-related matters.

The FWC approved the Specialty Packaging Group (Victoria) Enterprise Agreement 2015, finding that it met the necessary criteria for approval. The agreement was deemed to be a safety net compliant, genuinely negotiated, and in the best interests of the employees. The FWC's decision was based on the evidence presented, which demonstrated the parties' commitment to fair and reasonable terms of employment. The approval of the agreement provides certainty for both the employer and employees, ensuring that the terms and conditions of employment are governed by the agreed-upon provisions rather than the applicable awards or other industrial instruments.

Specialty Packaging Group 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