DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunrise Plastics Pty Ltd
(AG2017/5234)

SUNRISE PLASTICS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 NOVEMBER 2017

Application for approval of the Sunrise Plastics Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sunrise Plastics Enterprise Agreement 2017 (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] A request was made by the Applicant, supported by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), requesting the pay rates as referred to at Clause 7 of the Agreement be kept confidential on the basis that they were commercially sensitive. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential.

[3] Further, 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.

[4] The 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sunrise Plastics Pty Ltd, which sought approval for the Sunrise Plastics Enterprise Agreement 2017. The dispute was heard by the Fair Work Commission, a tribunal responsible for regulating workplace relations in Australia. The applicant, Sunrise Plastics, approached the Commission to have the new enterprise agreement approved under the Fair Work Act 2009. The agreement aimed to regulate various terms and conditions of employment for the company's workers.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval, including compliance with the "better off overall test" under the Fair Work Act. This test ensures that the proposed agreement provides employees with a minimum of equivalent or better terms and conditions than those they currently enjoy or would receive under an existing award or agreement. The Commission also needed to consider whether the agreement was fairly negotiated and if it aligned with the principles of the Fair Work Act.

The Fair Work Commission examined the details of the proposed agreement, including the changes to wages, working hours, leave entitlements, and other employment conditions. The Commission found that the agreement did indeed meet the better off overall test, as it provided employees with improved terms and conditions compared to their existing arrangements. The Commission was satisfied that the agreement had been fairly negotiated and was in line with the statutory requirements. Consequently, the Commission approved the Sunrise Plastics Enterprise Agreement 2017.

The final orders included the approval of the enterprise agreement, which would now govern the employment conditions of the workers at Sunrise Plastics Pty Ltd. The agreement was set to take effect from the date of the Commission's decision, providing a new framework for the terms and conditions of employment for the company's workers.

Sunrise Plastics 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