DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Glama Pak Pty Ltd T/A Glama Pak
(AG2016/7881)

GLAMA PAK KILSYTH COLLECTIVE AGREEMENT 2016

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 15 MARCH 2017

Application for approval of the Glama Pak Kilsyth Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Glama Pak Kilsyth Collective 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 Visy Glama Pak Pty Ltd T/A Glama Pak. 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 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

Visy Glama Pak Pty Ltd, trading as Glama Pak, applied to the Fair Work Commission for approval of the Glama Pak Kilsyth Collective Agreement 2016. The application was opposed by the Australian Manufacturing Workers Union and the Shop, Distributive and Allied Employees Association, who raised concerns about the agreement's provisions and the process by which it was negotiated. The central issues before the Commission were whether the agreement was fairly and properly negotiated and whether it contained appropriate provisions regarding the conditions of employment and dispute resolution.

The Commission examined the negotiation process and the terms of the agreement. It assessed whether the union representatives acted appropriately and whether the parties negotiated in good faith. The Commission also reviewed the substantive provisions of the agreement, including those concerning pay rates, hours of work, and dispute resolution mechanisms. The Commission determined that the agreement was fairly and properly negotiated and that it contained appropriate provisions for the employees' conditions of employment and dispute resolution. The Commission found that the union representatives acted appropriately and that the negotiation process was conducted in good faith.

Based on its findings, the Fair Work Commission approved the Glama Pak Kilsyth Collective Agreement 2016. The Commission held that the agreement met the necessary standards for fairness and proper negotiation, and it was in the best interests of the employees. The Commission's decision was final and binding, and the agreement was approved as a certified agreement.

Visy Glama Pak Pty Ltd T/A Glama Pak

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established