Wellen Pty Ltd T/A Austcor Packaging Summary

[2013] FWCA 2465

FAIR WORK COMMISSION

DECISION

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

Wellen Pty Ltd T/A Austcor Packaging
(AG2013/804)

WELLEN PTY LTD - TRADING AS AUSTCOR PACKAGING ENTERPRISE BARGAINING AGREEMENT 2013.

Graphic Arts
COMMISSIONER RIORDAN	SYDNEY, 23 APRIL 2013

Agreement approved Application for approval of the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Wellen Pty Ltd trading as Austcor Packaging (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wellen Pty Ltd, trading as Austcor Packaging, applied for the approval of the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2013. The application was heard in the Fair Work Commission, the tribunal established under the Fair Work Act 2009 to deal with workplace relations matters. The applicant, Wellen Pty Ltd, sought to have the proposed enterprise bargaining agreement, which was to govern the employment conditions of its workers, formally approved and registered. The nature of the dispute revolved around whether the agreement met the necessary requirements under the Fair Work Act to be approved and registered as a valid enterprise bargaining agreement.

The legal issues that the Fair Work Commission needed to address included whether the agreement had been made in good faith, whether it contained the prescribed terms and provisions, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees and whether it provided fair and reasonable terms and conditions of employment. The Commission also needed to assess whether the agreement had been made without coercion, undue influence, or any other form of unfair practice.

The Fair Work Commission found that the proposed agreement met all the necessary requirements for approval. The Commission concluded that the agreement had been made in good faith, contained all the prescribed terms and provisions, and complied with the procedural requirements of the Fair Work Act. The Commission was satisfied that the agreement was in the best interests of the employees and provided fair and reasonable terms and conditions of employment. The Commission also found that the agreement had been made without coercion, undue influence, or any other form of unfair practice. Therefore, the Commission approved and registered the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2013 as a valid enterprise bargaining agreement under the Fair Work Act.

Wellen Pty Ltd T/A Austcor Packaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established