DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd
(AG2015/4062)

SPECIALTY PACKAGING GROUP PTY LTD (NSW) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 AUGUST 2015

Application for approval of the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 16 July 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 31 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Specialty Packaging Group Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval for its 2015 Enterprise Agreement. The applicant, Specialty Packaging Group Pty Ltd, is an employer in the packaging industry, while the respondents included various unions representing the employees. The primary dispute centred on whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The court had to determine whether the agreement complied with the procedural and substantive fairness tests. Procedurally, it was necessary to ensure that the agreement was genuinely negotiated and that employees had adequate opportunity to be involved in the negotiation process. Substantively, the court had to assess if the terms and conditions within the agreement were fair and reasonable, considering factors such as the nature of the work, the industry standards, and the economic context. Additionally, the court examined if the agreement appropriately balanced the interests of both employers and employees, ensuring it did not unfairly disadvantage any party.

The Fair Work Commission found that the agreement had been negotiated in good faith and that employees had sufficient opportunity to participate in the negotiation process. The court further determined that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the broader economic environment. The agreement was approved, recognising that it provided a fair balance of interests between the employer and the employees. As a result, the court granted the application for approval of the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2015.

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