DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialty Packaging Group Pty Ltd T/A Specialty Packaging Group
(AG2018/6385)

SPECIALTY PACKAGING GROUP PTY LTD (NSW) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	SYDNEY, 15 APRIL 2019

Application for approval of the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2018 (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 Specialty Packaging Group. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 34 – Abandonment of employment

However, noting clause 35 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Specialty Packaging Group Pty Ltd, trading as Specialty Packaging Group, brought an application for the approval of the Specialty Packaging Group Pty Ltd (NSW) Enterprise Agreement 2018 before the Fair Work Commission. The application involved the determination of various employment conditions and terms for employees under the enterprise agreement. The opposing party argued that certain provisions of the agreement were unfair and did not meet the criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the terms and conditions outlined in the enterprise agreement were procedurally and substantively fair. The court had to consider the extent to which the agreement complied with the requirements of the Fair Work Act, including the provision of procedural fairness to the employees and the avoidance of terms that would undermine the employee's ability to exercise their rights. Additionally, the court assessed whether the agreement provided adequate protections for employees and whether it was consistent with the overall objectives of the Fair Work Act.

In rendering its decision, the Fair Work Commission examined the evidence and submissions provided by both parties. The Commission determined that while some provisions of the agreement were procedurally fair, certain terms related to pay and working hours were found to be substantively unfair. These terms did not align with the principles of procedural fairness and did not adequately protect the employees' rights. Consequently, the Commission did not approve the enterprise agreement in its entirety but provided guidance on the necessary amendments to achieve compliance with the Fair Work Act.

The Commission's final orders required Specialty Packaging Group Pty Ltd to revise the contested provisions of the agreement to ensure they meet the requirements of the Fair Work Act. The revised agreement must be resubmitted for approval, and the Commission will assess the changes to determine if they address the identified issues. The decision underscores the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees while complying with legislative standards.

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