DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wellen Pty Ltd T/A Austcor Packaging
(AG2016/3304)

WELLEN PTY LTD - TRADING AS AUSTCOR PACKAGING ENTERPRISE BARGAINING AGREEMENT 2016

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2016.

[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 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). 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 (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.

[4] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wellen Pty Ltd, trading as Austcor Packaging, sought the court's approval for the Enterprise Bargaining Agreement 2016. The dispute arose between the applicant, an employer, and its employees represented by the Transport Workers Union of Australia. The matter was heard in the Fair Work Commission, a tribunal with the authority to make binding decisions on employment-related issues.

The legal issues before the court involved the validity and fairness of the proposed agreement. The primary considerations were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning its coverage, the bargaining process, and its compliance with the ‘better off overall test’. This test ensures that the employees are not worse off financially under the new agreement compared to their previous conditions.

The Fair Work Commission found that the agreement was valid and met all statutory requirements. It concluded that the bargaining process was genuine, the coverage was appropriate, and the agreement was likely to result in employees being better off overall. The commission was satisfied with the evidence provided, which demonstrated that the proposed agreement would provide fair and reasonable outcomes for both parties.

The Fair Work Commission approved the Enterprise Bargaining Agreement 2016, subject to the terms and conditions set out in the decision. The approval was granted based on the evidence that the agreement met the legislative requirements and was fair and reasonable.

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