Specialty Packaging Group Pty Ltd T/A City Pak

[2013] FWCA 6197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A City Pak
(AG2013/8689)

CITY PAK SOMERTON ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 29 AUGUST 2013

Application for approval of the City Pak Somerton Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the City Pak Somerton Enterprise Agreement 2013 (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 T/A City Pak. The agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 29 August 2013 and, in accordance with s.54 of the Act, will operate from 5 September 2013. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Specialty Packaging Group Pty Ltd T/A City Pak applied to the Fair Work Commission for the approval of the City Pak Somerton Enterprise Agreement 2013. The application arose as the parties had been unable to reach an agreement on certain terms of the agreement, necessitating the intervention of the Commission. The primary dispute centred around the classification of employees and the associated pay rates under the proposed agreement.

The legal issues the court had to decide involved the interpretation of the Fair Work Act 2009 and the application of relevant industrial instruments to ensure the agreement was fair and reasonable. Specifically, the court needed to assess whether the agreement met the criteria for approval under section 233 of the Act and whether it provided for fair and reasonable terms and conditions for employees.

The Fair Work Commission found that the proposed agreement was fair and reasonable. The court examined the evidence provided by both parties and considered the principles of good faith bargaining and the need for a balance between the interests of employers and employees. The Commission was satisfied that the agreement met the necessary criteria and did not disadvantage any party unfairly. Consequently, the application for approval was granted.

The final orders of the Fair Work Commission approved the City Pak Somerton Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established