DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group
(AG2018/7012)

SPECIALTY PACKAGING (VICTORIA) ENTERPRISE AGREEMENT 2018

Graphic Arts
COMMISSIONER JOHNS	SYDNEY, 3 MAY 2019

Application for approval of the Specialty Packaging (Victoria) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Specialty Packaging (Victoria) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 2 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Specialty Packaging Group Pty Ltd, trading as Specialty Packaging Group, and a number of its employees. The dispute centred around the application for the approval of the Specialty Packaging (Victoria) Enterprise Agreement 2018. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements under the Fair Work Act 2009 and if it was made in good faith. The Commission also had to consider whether the agreement contained all the mandatory terms and conditions as stipulated by the Act.

In its reasoning, the Commission examined the process by which the agreement was negotiated and the extent to which it was made in good faith. The Commission looked at the evidence provided by both parties regarding the negotiation process and the context in which the agreement was reached. It also assessed whether the agreement included all mandatory terms and conditions and if it adhered to the procedural fairness required by the Act. The Commission concluded that the agreement was made in good faith and contained all the necessary mandatory terms. Consequently, the application for approval was granted.

The Fair Work Commission found that the Specialty Packaging (Victoria) Enterprise Agreement 2018 complied with the statutory requirements and was made in good faith. It approved the agreement, finding it to be fair and reasonable. The Commission's decision was based on a detailed examination of the negotiation process and the content of the agreement. The orders included the approval of the Enterprise Agreement and its registration with the Fair Work Commission.

Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established