DECISION

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

Wellen Pty Ltd T/A Austcor Packaging
(AG2020/1068)

WELLEN PTY LTD - TRADING AS AUSTCOR PACKAGING ENTERPRISE BARGAINING AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 1 MAY 2020

Application for approval of the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2020 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing 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 1 May 2020 and, in accordance with s.54, will operate from 8 May 2020. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wellen Pty Ltd, trading as Austcor Packaging, applied for approval of the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2020. The application arose out of negotiations between the company and the Australian Manufacturing Workers' Union, which represents the employees. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other workplace provisions.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning minimum wages, penalty rates, and other entitlements. The Commission also had to determine if the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The Commission found that the agreement complied with the relevant provisions of the Fair Work Act. It noted that the agreement provided for minimum wages and penalty rates that were in line with the prevailing awards and that it contained clear provisions for the resolution of disputes. The Commission also considered the views of the employees and the union, who had expressed support for the agreement. As a result, the Commission approved the application and registered the enterprise bargaining agreement. The decision ensures that the employees of Austcor Packaging will benefit from the agreed terms and conditions of employment.

The Commission's decision provides clarity and certainty for both the employer and the employees, and it sets a benchmark for future negotiations between the parties. The registration of the agreement also ensures that the employees are protected by the minimum standards set out in the agreement, which will help to promote fairness and productivity in the workplace. Overall, the decision demonstrates the importance of good faith bargaining and the role of the Commission in facilitating the resolution of workplace disputes.

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