The Australian Workers’ Union Summary

[2014] FWCA 2827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/5156)

SIGNODE PACKAGING GROUP AUSTRALIA PTY LTD (DERRIMUT) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 APRIL 2014

Application for approval of the Signode Packaging Group Australia Pty Ltd (Derrimut) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Signode Packaging Group Australia Pty Ltd (Derrimut) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Australian Workers’ Union applied to the Fair Work Commission for approval of the Signode Packaging Group Australia Pty Ltd (Derrimut) Enterprise Agreement 2013. The application was opposed by Signode Packaging Group Australia Pty Ltd and the Assistant Commissioner of the Australian Taxation Office. The dispute involved whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to its effect on the operation of the registered organisation and the protection of employees’ rights. The Commission was required to determine whether the agreement met the criteria for approval as set out in the Act, including ensuring it did not undermine the operation of the registered organisation or the rights of employees.

The legal issues centred on whether the enterprise agreement appropriately balanced the interests of the employer and the employees, and whether it adhered to the statutory requirements for approval. Key points of contention included the agreement's provisions on pay rates, hours of work, and the protection of employees' rights. The Commission examined whether the agreement provided adequate safeguards for employees and if it complied with the procedural requirements for registration under the Fair Work Act.

The Commission found that the enterprise agreement met the statutory criteria for approval. It determined that the agreement was fair and did not undermine the operation of the registered organisation or the rights of employees. The Commission emphasised that the agreement provided appropriate protections for employees, including fair pay rates and reasonable working conditions. The concerns raised by the employer and the Assistant Commissioner were addressed, ensuring the agreement complied with all necessary legal requirements. The decision was based on a detailed analysis of the agreement's provisions and their alignment with the Fair Work Act.

The final orders were that the Signode Packaging Group Australia Pty Ltd (Derrimut) Enterprise Agreement 2013 be approved, and it was registered under the Fair Work Act 2009. The Commission’s decision was based on the finding that the agreement met all the necessary statutory criteria and provided fair and reasonable terms for both the employer and the employees.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established