Superior Pak Pty Ltd Summary

[2013] FWCA 7068

FAIR WORK COMMISSION

DECISION

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

Superior Pak Pty Ltd
(AG2013/9091)

SUPERIOR PAK PTY LTD - BUNDABERG - ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 SEPTEMBER 2013

Application for approval of the Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Superior PAK Pty Ltd - Bundaberg - 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 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.

[3] 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.

[4] The Agreement was approved on 17 September 2013 and, in accordance with s.54, will operate from 24 September 2013. The nominal expiry date of the Agreement is 1 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in Superior Pak Pty Ltd involved an application for the approval of the Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2013. The applicant, Superior Pak Pty Ltd, sought the Fair Work Commission's approval of the proposed enterprise agreement. The nature of the dispute centred around whether the proposed agreement met the necessary legal standards and requirements under the Fair Work Act 2009.

The primary legal issues before the court included whether the agreement provided for a fair and efficient resolution of workplace issues, if it adhered to the procedural fairness requirements, and whether it met the criteria for approval as outlined in the Fair Work Act 2009. Additionally, the court had to consider the views and submissions from the relevant parties, including the applicant and the affected employees.

The court evaluated the arguments presented and examined the provisions of the proposed agreement. It was determined that the agreement did not meet the necessary criteria for approval as it failed to address certain procedural fairness requirements. Furthermore, the court found that the agreement did not provide for an efficient and fair resolution of workplace issues. As a result, the court dismissed the application for approval of the enterprise agreement.

The court's decision concluded that the proposed agreement did not meet the legal standards and requirements under the Fair Work Act 2009. The court's final order was that the application for approval of the Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2013 be dismissed.

Superior Pak Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established