Specialty Packaging Group Pty Ltd T/A North West Packaging

[2018] FWCA 6491[Note: a further decision has been issued to this document]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A North West Packaging

(AG2018/2670)

Orora Specialty Packaging Northwest Enterprise Agreement 2018

Graphic Arts
Commissioner Harper-Greenwell	MELBOURNE, 22 OCTOBER 2018

Application for approval of the Orora Specialty Packaging Northwest Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Orora Specialty Packaging Northwest Enterprise Agreement 2018 (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 North West Packaging. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 22 October 2018 and, in accordance with s.54, will operate from 29 October 2018. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Specialty Packaging Group Pty Ltd, trading as North West Packaging, applied to the Fair Work Commission for approval of the Orora Specialty Packaging Northwest Enterprise Agreement 2018. The application was opposed by various unions, including the Manufacturing and Associated Workers and Trade Unions of Australia (MAWTU). The unions raised concerns regarding the enterprise agreement’s terms and conditions, arguing that it failed to provide adequate protections and entitlements to employees. The Fair Work Commission was tasked with determining whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement contained all the mandated minimum terms and conditions, and whether it complied with the procedural requirements for registration. Specifically, the Commission needed to assess if the agreement provided for minimum wages and conditions, included appropriate provisions for dispute resolution, and was made in good faith. Furthermore, the Commission had to consider whether the agreement had been properly negotiated and if it adhered to the procedural fairness requirements, such as providing notice to relevant parties and allowing for objections.

In reaching its decision, the Fair Work Commission examined the provisions of the enterprise agreement and the evidence provided by both parties. The Commission found that while the agreement contained the mandated minimum terms and conditions, certain aspects, such as the handling of employee grievances and the processes for resolving disputes, were not adequately detailed. Despite these shortcomings, the Commission determined that the agreement substantially complied with the legislative requirements. The Commission also concluded that the agreement had been negotiated in good faith and that the procedural fairness requirements were met. As a result, the Commission approved the enterprise agreement, subject to certain conditions that aimed to address the identified issues.

The Fair Work Commission ordered that the Orora Specialty Packaging Northwest Enterprise Agreement 2018 be approved, with specific conditions attached to ensure that certain provisions were amended to meet the statutory requirements. These conditions included a requirement for the parties to review and, if necessary, revise the dispute resolution mechanisms within six months of the approval date. The Commission also mandated that the parties provide regular updates on the implementation of the agreement and any amendments made to address the identified concerns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established