DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wellen Pty Ltd T/A Austcor Packaging
(AG2021/5373)

WELLEN PTY. LTD., TRADING AS AUSTCOR PACKAGING AND ZACPAC (NSW) PTY. LTD. ENTERPRISE BARGAINING AGREEMENT 2021

Graphic Arts
COMMISSIONER JOHNS	SYDNEY, 29 JUNE 2021

Application for approval of the Wellen Pty Ltd trading as Austcor Packaging and Zacpac (NSW) Pty Ltd Enterprise Bargaining Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wellen Pty Ltd trading as Austcor Packaging and Zacpac (NSW) Pty Ltd Enterprise Bargaining Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wellen Pty Ltd T/A Austcor Packaging. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2021. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Wellen Pty Ltd, trading as Austcor Packaging, and Zacpac (NSW) Pty Ltd. The dispute centred around the application for approval of the Enterprise Bargaining Agreement (EBA) 2021 between the two entities. The Fair Work Commission was tasked with examining the agreement to determine if it complied with the relevant provisions of the Fair Work Act 2009 and met the necessary standards for approval. The applicants sought to have the EBA ratified, which would establish the terms and conditions of employment for the employees of Austcor Packaging.

The primary legal issues that the Fair Work Commission had to address were whether the EBA complied with the requirements of the Fair Work Act and whether it met the minimum standards for enterprise agreements under the Act. This involved scrutinising various aspects of the agreement, such as the classification of employees, the provisions for minimum wages and conditions, and the dispute resolution mechanisms outlined within the agreement. Additionally, the Commission had to consider if the agreement had been made in good faith and if the process for its negotiation and making was fair and appropriate.

In delivering its decision, the Fair Work Commission examined the EBA clause by clause, ensuring that it adhered to the statutory requirements and standards. The Commission found that the agreement contained provisions that met the minimum standards for enterprise agreements and was made in good faith. It also noted that the process for negotiating and making the agreement was fair and appropriate. Consequently, the Commission approved the EBA 2021, finding it to be compliant with the relevant legislation and meeting all necessary criteria for endorsement.

The Fair Work Commission ordered that the Enterprise Bargaining Agreement 2021 between Wellen Pty Ltd, trading as Austcor Packaging, and Zacpac (NSW) Pty Ltd be approved as of the date of the decision. This approval ensures that the agreement is legally binding and sets the terms and conditions of employment for the employees covered by the agreement. The approval also means that the agreement can be registered with the Fair Work Commission, thereby providing a framework for industrial relations between the parties for the specified period.

Wellen Pty Ltd T/A Austcor Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established