DECISION

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

Specialty Packaging Group Pty Ltd T/A Cartons Solutions
(AG2015/3486)

SPECIALTY PACKAGING GROUP PTY LTD QUEENSLAND EMPLOYEE COLLECTIVE AGREEMENT 2015

Graphic Arts
COMMISSIONER SIMPSON	BRISBANE, 14 AUGUST 2015

Application for approval of the Specialty Packaging Group Pty Ltd Queensland Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Specialty Packaging Group Pty Ltd Queensland Employee Collective Agreement 2015 (the Agreement). 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Specialty Packaging Group Pty Ltd, trading as Cartons Solutions, applied for approval of the Specialty Packaging Group Pty Ltd Queensland Employee Collective Agreement 2015. This application was made under section 228 of the Fair Work Act 2009, and the matter was heard by Deputy President J K Ross. The primary dispute involved the terms and conditions of employment for workers within the company, as outlined in the proposed agreement. The application sought to ensure that the agreement met the legal requirements and was fair and reasonable for both the employer and the employees.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act and whether it was fair and reasonable. This included considerations of whether the agreement provided for minimum entitlements, ensured procedural fairness, and was made in good faith. Additionally, the Commission needed to assess whether the agreement met the requirements for "modern awards" and if it adequately protected employees' rights.

After considering the evidence and submissions from both parties, Deputy President Ross found that the agreement met the statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for terms and conditions that were at least equal to or better than those provided by the applicable modern awards. Furthermore, the Deputy President was satisfied that the agreement was made in good faith and that the process leading to its creation was procedurally fair. Consequently, the application for approval was granted, and the agreement was registered as a registered agreement under the Fair Work Act.

As a result of the decision, the Specialty Packaging Group Pty Ltd Queensland Employee Collective Agreement 2015 was approved and registered by the Fair Work Commission. This registration ensures that the agreement will govern the employment terms and conditions of the employees covered by it, providing a legally binding framework for their relationship with the employer.

Specialty Packaging Group Pty Ltd T/A Cartons Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established