DECISION

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

Superior Pak Pty Ltd
(AG2019/2955)

SUPERIOR PAK PTY LTD - BUNDABERG - ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 21 OCTOBER 2019

Application for approval of the Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] Mr Rohan Webb, State Secretary of the Queensland Branch of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

Superior Pak Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with their employees. The dispute arose when the employees, represented by a union, challenged the terms of the proposed agreement, alleging various breaches of workplace laws. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement had been made in good faith, whether it complied with the procedural requirements set out in the Act, and whether it provided for the proper protection of employees' rights and entitlements. The union argued that the agreement did not adequately protect employee interests, particularly in terms of wages and working conditions. Superior Pak Pty Ltd, on the other hand, contended that the agreement was fair and reasonable and that it had been negotiated in good faith.

The Commission found that the agreement had been made in good faith and that the procedural requirements had been satisfied. It held that the terms of the agreement, while not perfect, provided adequate protection for employees' rights and entitlements. The Commission considered the overall balance of the agreement and noted the willingness of the parties to negotiate and compromise. It concluded that the agreement was fair and reasonable and approved it accordingly.

The Fair Work Commission approved the Superior PAK Pty Ltd - Bundaberg - Enterprise Agreement 2019, subject to certain conditions to ensure ongoing compliance with workplace laws. The union's objections were largely dismissed, and the agreement was set to take effect from the date of approval.

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