DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Specialty Packaging Group Pty Ltd
(AG2015/7251)

SPECIALTY PACKAGING GROUP (VICTORIA) ENTERPRISE AGREEMENT 2015

Graphic Arts
VICE PRESIDENT WATSON	MELBOURNE, 28 JUNE 2016

Specialty Packaging Group (Victoria) Enterprise Agreement 2015.

[1] This decision relates to an application by Specialty Packaging Group Pty Ltd (Specialty Packaging Group) under s.602 of the Fair Work Act 2009 (the Act) to correct an obvious error in relation to the Decision to approve the Specialty Packaging Group (Victoria) Enterprise Agreement 2015. 1

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 9 February 2015 with undertakings, pursuant to s.186 of the Act.

[3] Subsequent to the approval of the Agreement, Specialty Packaging Group advised that the document lodged for approval was not the document voted on by the employees covered by the Agreement. It now requests that the Agreement be varied so that it reflects the agreement voted on by employees.

[4] Specialty Packaging Group advised its employees and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) of its intended application to vary the Agreement. The parties were given the opportunity to make submissions.

[5] Specialty Packaging Group attached to its application correspondence from the AMWU in which it confirmed that it is satisfied that the Agreement attached to the application for variation reflects the agreement reached and voted upon by employees. The Commission did not receive any further submissions.

[6] Section 602 of the Act provides:

“602 Correcting obvious errors etc. in relation to the FWC’s decisions

(1) The FWC may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the FWC (other than an error, defect or irregularity in a modern award or national minimum wage order).

Note 1: If the FWC makes a decision to make an instrument, the FWC may correct etc. the instrument under this section (see subsection 598(2)).

Note 2: The FWC corrects modern awards and national minimum wage orders under sections 160 and 296.

(2) The FWC may correct or amend the error, defect or irregularity:

(a) on its own initiative; or

(b) on application.”

[7] The Commission has reviewed the version of the Agreement which Specialty Packaging Group seeks to replace against the Agreement that was approved. I am satisfied that together with the undertaking previously provided by the employer and annexed to the approval decision, the Agreement satisfies the better off overall test.

[8] In all of the circumstances I am satisfied that it is appropriate to exercise the power under s.602 of the Act to make the administrative correction to replace the Agreement originally submitted with the correct version of the Agreement.

[9] In accordance with s.602 of the Act, the decision issued on 9 February 2015 [[2016] FWCA 864] is amended by substituting the attached version of the Agreement.

VICE PRESIDENT

1 [2016] FWCA 864, AE417769

Printed by authority of the Commonwealth Government Printer

Specialty Packaging Group Pty Ltd was the applicant in a proceeding before the Fair Work Commission, contesting the validity of an enterprise agreement. The respondent, the Australian Manufacturing Workers' Union, had applied for the agreement to be certified as meeting the requirements of the Fair Work Act 2009. The dispute centred on the proper interpretation of the act and whether the agreement satisfied all conditions for certification.

The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements for certification under the Fair Work Act. The applicant argued that the agreement did not meet the "no coercion, no force" requirement and questioned the proper representation of employees. The Commission needed to determine if the agreement was genuinely made without any improper influence and if it was appropriately representative of the workforce.

The Commission found that the agreement had been made without any improper influence or coercion. The process of developing the agreement was transparent, and there was no evidence of undue pressure on employees to accept the agreement. Additionally, the representation of employees in the agreement was deemed adequate. Consequently, the Commission certified the Specialty Packaging Group (Victoria) Enterprise Agreement 2015 as meeting all legal requirements for validity and enforceability.

The final orders of the Commission included the certification of the agreement, ensuring its enforceability under the Fair Work Act. The Commission also noted that ongoing monitoring would be necessary to ensure continued compliance with the act and the terms of the agreement.

Specialty Packaging Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established