Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging Summary

[2022] FWCA 923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging

(AG2022/302)

Specialty Packaging Group (NSW) Enterprise Agreement 2022

Graphic Arts
DEPUTY PRESIDENT EASTON	SYDNEY, 16 MARCH 2022

Application for approval of the Specialty Packaging Group (NSW) Enterprise Agreement 2022.

Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging (the Employer) has made an application for the approval of the Specialty Packaging Group (NSW) Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Specialty Packaging Group Pty Ltd, trading as Opal Specialty Packaging, and their employees, represented by the National Tertiary Education Union. The dispute pertained to the application for approval of the Specialty Packaging Group (NSW) Enterprise Agreement 2022. The case was heard in the Fair Work Commission, which has jurisdiction over matters relating to employment and industrial relations in Australia.

The primary legal issues the court had to address were whether the enterprise agreement was fair and if it complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the criteria for being considered a single, indivisible, and reasonably expressed agreement, and if it provided for fair and reasonable terms and conditions of employment. The court also considered whether the agreement had been made in accordance with the relevant provisions of the Act, including the requirement for genuine bargaining.

The Fair Work Commission determined that the application for approval of the enterprise agreement was valid. The Commission found that the agreement was fair and reasonable, and that it complied with the statutory requirements. The Commission noted that the agreement had been made in good faith and through genuine bargaining between the employer and the union, and that it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met the criteria for being considered a single, indivisible, and reasonably expressed agreement. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees.

The Fair Work Commission approved the Specialty Packaging Group (NSW) Enterprise Agreement 2022. The agreement was to be registered and would have effect from the date of the Commission's decision. The Commission noted that the agreement provided for a range of terms and conditions of employment, including provisions relating to wages, hours of work, leave, and dispute resolution. The Commission was satisfied that the agreement was fair and reasonable, and that it complied with the requirements of the Fair Work Act 2009.

Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established