DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superior Pak Pty Ltd
(AG2016/3534)

SUPERIOR PAK PTY LTD - BUNDABERG - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superior Pak Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Superior Pak Pty Ltd was before the Fair Work Commission, where the applicant, Superior Pak Pty Ltd, sought approval of the Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009. The dispute involved the terms of the enterprise agreement, including wage rates, working conditions, and other employment-related matters, between the applicant and the employees covered by the agreement.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act, particularly whether it provided for a safety net of minimum entitlements, was free from coerced agreement, and covered a prescribed range of employees. The Commission needed to assess if the agreement fairly represented the interests of the employees and adhered to the relevant legislative standards.

In its decision, the Commission found that the agreement did not adequately address certain aspects of minimum wage rates and entitlements, which did not comply with the safety net provisions of the Act. The Commission also noted that the agreement did not include adequate provisions for certain employee entitlements and did not sufficiently address issues of parental leave and other conditions of employment. Consequently, the application for approval was dismissed. The Commission directed that the applicant revise the agreement to address these deficiencies and resubmit it for consideration.

Superior Pak 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