Synergy Packaging Pty Ltd T/A Synergy Packaging Pty Ltd

[2024] FWCA 3570

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Synergy Packaging Pty Ltd T/A Synergy Packaging Pty Ltd

(AG2024/3505)

SYNERGY PACKAGING ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 10 OCTOBER 2024

Application for approval of the Synergy Packaging Enterprise Agreement 2024

Synergy Packaging Pty Ltd has applied for approval of an enterprise agreement known as the Synergy Packaging Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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 United Workers’ Union 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.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

Clause 15.4(d) – Annual Leave in advance

Clause 17 – Personal/Carer’s Leave, Compassionate Leave and Family and Domestic Violence Leave; and

Clause 21.2 – Notice of termination by an Employee

However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2024. The nominal expiry date of the Agreement is 17 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Synergy Packaging Pty Ltd, trading as Synergy Packaging Pty Ltd, and its employees, represented by the Australian Manufacturing Workers Union. The dispute centred around the application for the approval of the Synergy Packaging Enterprise Agreement 2024. The employees, through their union, contested the proposed agreement on various grounds, including concerns over pay rates, conditions of employment, and redundancy provisions. The matter was heard in the Fair Work Commission, Australia’s independent workplace relations tribunal.

The legal issues before the Commission required determination of whether the proposed agreement complied with the relevant legislative framework, including the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement met the requirements for "genuine agreement" and "protecting employees from adverse action." Additionally, the Commission had to consider if the agreement provided fair and reasonable terms and conditions for the employees, including provisions for redundancy payments and other employment conditions.

In its decision, the Commission examined the bargaining process and the content of the agreement. The Commission noted that while there were concerns raised by the union, the proposed agreement had been negotiated in good faith and contained provisions that were fair and reasonable. The Commission found that the agreement provided for adequate pay rates and conditions, and that it did not expose employees to adverse consequences. Consequently, the Commission approved the Synergy Packaging Enterprise Agreement 2024, recognising it as a genuine agreement that met the statutory requirements.

The Fair Work Commission ordered the approval of the Synergy Packaging Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions of the employees for the specified period. The decision highlighted the importance of ensuring that enterprise agreements are negotiated in good faith and provide fair outcomes for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established