Sunrise Plastics Pty Ltd

[2013] FWCA 10247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunrise Plastics Pty Ltd
(AG2013/12797)

SUNRISE PLASTICS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 31 DECEMBER 2013

Application for approval of the Sunrise Plastics Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sunrise Plastics Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunrise Plastics Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 7 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunrise Plastics Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Sunrise Plastics Enterprise Agreement 2013. The application arose from negotiations between the employer and the union, Australian Manufacturing Workers Union, as the representative of the employees. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement complied with the procedural requirements set forth in the Act, and if it met the substantive criteria for being a lawful and fair enterprise agreement. This included examining if the agreement was made in good faith, if it contained the mandated minimum entitlements, and if the process of its creation was appropriate. The Commission also needed to consider if the agreement contained any provisions that were outside the scope of permissible matters under the Act.

In its decision, the Fair Work Commission found that the agreement was procedurally sound, having been negotiated in good faith and with adequate consultation. The substantive provisions of the agreement were also deemed to be compliant with the statutory minimum entitlements. The Commission further determined that all sections of the agreement were within the scope of permissible matters and did not contravene any provisions of the Act. Consequently, the Commission approved the Sunrise Plastics Enterprise Agreement 2013, recognising it as a lawful and fair enterprise agreement. The approval was based on the finding that the agreement was made in accordance with the relevant legislative requirements and contained no unlawful or unfair provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established