DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging
(AG2020/2394)

SPECIALTY PACKAGING GROUP (QUEENSLAND) ENTERPRISE AGREEMENT 2020

Graphic Arts
COMMISSIONER SPENCER	BRISBANE, 8 SEPTEMBER 2020

Application for approval of the Specialty Packaging Group (Queensland) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Specialty Packaging Group (Queensland) Enterprise Agreement 2020 (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 Opal Specialty Packaging (the Applicant). The Agreement is a single enterprise agreement.

[2] On 28 August 2020, the Applicant identified a number of typographical errors in the Agreement and submits these are obvious errors and requests the Commission exercise its power under s.602 of the Act to correct the Agreement. The Applicant provided the Commission with replacement pages of page 6 and page 11 of the Agreement. In summary, the errors were as follows:

● On page 6, an auto-numbering error adjusted the numbering of clauses 3.5.3-3.5.5;

● On page 11, a cross-referencing error in clause 3.11.7(a) referred an incorrect clause in relation to redundancy when it should have referred to clause 3.11;

● On page 11, a cross-referencing error identified clause 2.2 when it should have referenced clause 2.4 (Avoidance or Settlement of Disputes); and

● On page 11, a cross-referencing error referred to clause 3.10.1 when it should have referenced clause 3.11 (Redundancy).

[3] Section 602 of the Act provides that the Commission may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission, other than one contained in a modern award or national minimum wage order. A following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section.

[4] I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the incorrect version of the Agreement was submitted for approval.

[5] I am satisfied that it is appropriate to exercise the power under s.602 of the Act.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Specialty Packaging Group Pty Ltd, trading as Opal Specialty Packaging, filed an application for approval of the Specialty Packaging Group (Queensland) Enterprise Agreement 2020 before the Fair Work Commission. The agreement sought approval under section 234 of the Fair Work Act 2009, aiming to govern the employment terms and conditions of the company's employees. The dispute centred around whether the proposed enterprise agreement met the criteria for registration and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues the court had to address included whether the agreement was made in good faith, whether it provided for the proper classification of employees, and if it ensured minimum rates of pay and conditions for workers as per the Fair Work Act. Furthermore, the court needed to verify if the agreement appropriately balanced the interests of both employers and employees, ensuring it did not unduly disadvantage any party.

The court reviewed the provisions of the agreement and the evidence presented by both parties. It found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The court considered the submissions from both the employer and the employee representatives and concluded that the agreement was not contrary to public interest. After thorough examination, the court approved the agreement, recognising it as meeting the legislative requirements and providing a balanced framework for the employment relationship.

In conclusion, the court approved the Specialty Packaging Group (Queensland) Enterprise Agreement 2020. The approval was granted based on the finding that the agreement was made in good faith, provided for proper classification of employees, ensured minimum rates of pay and conditions, and balanced the interests of both parties. This decision allows the agreement to become a legally binding framework governing the terms and conditions of employment within the company.

Specialty Packaging Group Pty Ltd T/A Opal Specialty Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established