Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging

[2023] FWCA 1083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging

(AG2023/869)

SPECIALTY PACKAGING GROUP (VICTORIA) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 APRIL 2023

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

An application has been made for approval of an enterprise agreement to be known as the Specialty Packaging Group (Victoria) Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Specialty Packaging Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 12 April 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Graphic Arts, Printing and Publishing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2023. The nominal expiry date of the Agreement is 21 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Specialty Packaging Group Pty Ltd, trading as Opal Specialty Packaging, applied for the approval of the Specialty Packaging Group (Victoria) Enterprise Agreement 2023. The applicant sought to have the agreement, which was negotiated with the Packaging and Paper Workers Union, registered under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers within the specialty packaging industry in Victoria.

The court had to determine whether the agreement complied with the statutory requirements set out in the Fair Work Act, particularly focusing on whether the agreement provided for fair and reasonable terms, and whether it had been negotiated in good faith. The court also considered whether the agreement appropriately balanced the interests of both employers and employees, ensuring that it did not undermine the safety net of minimum entitlements and allowed for meaningful workplace negotiations.

In its reasoning, the Commission noted that the agreement included provisions that were fair and reasonable, reflecting the specific needs of the industry and the parties involved. The Commission found that the agreement was negotiated in good faith and provided for a reasonable balance of rights and obligations. The Commission was satisfied that the agreement did not undermine the safety net of minimum entitlements and allowed for meaningful workplace negotiations. Consequently, the Commission approved the agreement.

The final order was that the Specialty Packaging Group (Victoria) Enterprise Agreement 2023 be approved and registered under the Fair Work Act 2009. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established