Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging

[2023] FWCA 2689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging

(AG2023/2684)

SPECIALTY PACKAGING GROUP (QUEENSLAND) ENTERPRISE AGREEMENT 2023

Graphic arts industry
COMMISSIONER PERICA	MELBOURNE, 23 AUGUST 2023

Application for approval of the Specialty Packaging Group (Queensland) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Specialty Packaging Group (Queensland) Enterprise Agreement 2023 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was 31 May 2023.

Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made on 26 July 2023. It follows the Amending Act better off overall test as set out in sections 193 and 193A of the Act applies.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards. However, noting clause 1.4.1 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved today 23 August 2023. It will operate from 30 August 2023 as required by section 54 of the Act. The nominal expiry date is 23 August 2027.

COMMISSIONER

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CaseChat Overview and Summary

Specialty Packaging Group Pty Ltd, trading as Opal Specialty Packaging, recently sought approval for the Specialty Packaging Group (Queensland) Enterprise Agreement 2023. The application was made to the Fair Work Commission, which is responsible for reviewing and approving enterprise agreements under the Fair Work Act 2009. The dispute involved ensuring that the proposed agreement complied with the statutory requirements for enterprise agreements and met the necessary procedural standards.

The legal issues before the Commission included whether the agreement adequately met the "better off overall test" and whether the necessary consultation processes were followed. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and if the process leading to the agreement was compliant with the Fair Work Act. Another critical issue was whether the agreement contained all the mandatory terms as required by the legislation.

In its decision, the Commission found that the agreement met all the statutory requirements and passed the better off overall test. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees, including appropriate wage increases and other benefits. The consultation processes were deemed adequate, and all mandatory terms were included. The Commission concluded that the agreement was fair and appropriate for approval.

Consequently, the Fair Work Commission approved the Specialty Packaging Group (Queensland) Enterprise Agreement 2023, ensuring that it would come into effect from the date of the decision. This approval means that the terms of the agreement are legally binding on the parties involved, and it will govern the employment conditions for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established