[2016] FWC 8147

The attached document replaces the document previously issued with the above code on 11 November 2016.

This is to include the Agreement identification code [AE419755] and rectify the date of the initial approval decision from 29 June 2016 to 7 July 2016 in Paragraph 5

Relief Associate to Commissioner Roe

Dated 11 November 2016

[2016] FWC 8147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

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

COMMISSIONER ROE

MELBOURNE, 11 NOVEMBER 2016

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

[1] On 7 July 2016, the Fair Work Commission (the Commission) issued a Decision [2016] FWCA 4446 (the approval Decision), approving the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2016. (the Agreement). The application for approval of the Agreement was made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Applicant).

[2] On 10 November 2016 (the Applicant) advised that at the time of making the application a request was made for Annexure A be kept confidential and for a redacted version of Annexure A to be published on the website on approval of the Agreement This request was not conveyed and the subsequently the complete Agreement was published to the Commission’s website.

[3] Section 602 of the Act provides:

“602 Correcting obvious errors etc. in relation to the FWC’s decisions

(1) The FWC may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the FWC (other than an error, defect or irregularity in a modern award or national minimum wage order).

Note 1: If the FWC makes a decision to make an instrument, the FWC may correct etc. the instrument under this section (see subsection 598(2)).

Note 2: The FWC corrects modern awards and national minimum wage orders under sections 160 and 296.

(2) The FWC may correct or amend the error, defect or irregularity:

(a) on its own initiative; or

(b) on application.”

[4] The Commission is required to operate consistent with the principles of open justice. It is essential that the public is able to consider whether or not the Commission is properly carrying out its function in assessing an Agreement against the Better off Overall Test (BOOT) and the other legislative requirements. This can only be done if the public has access to published Agreements in their totality. However in the circumstances of this case the Commission failed to respond to the request made by the Applicant and this created some lack of procedural fairness

[5] An obvious error has occurred in respect to the document that is referenced in the approval Decision. Therefore, pursuant to s.602 of the Act, this Decision removes the existing agreement document [AE419755] that is referenced in the approval Decision dated 7 July 2016 and it shall be replaced with the corrected version of the Enterprise Agreement attached to this Decision.

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 the approval of the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2016. The applicant was represented by Mr. G. D. S. Davies, while the respondent, the Australian Manufacturing Workers’ Union, was represented by Mr. D. J. King. The central issue before the Commission was whether the proposed enterprise bargaining agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights.

The Commission examined the process by which the agreement was negotiated and the extent to which it provided for the protection of employees' rights and interests. The primary concern was whether the agreement had been negotiated in good faith and whether it adequately safeguarded the rights and entitlements of the employees. The Commission also considered the extent to which the agreement allowed for the resolution of disputes and the protection of employees from adverse actions. The Commission found that the negotiation process had been conducted in good faith and that the agreement provided for the necessary protections and dispute resolution mechanisms.

After reviewing the evidence and submissions, the Commission determined that the proposed agreement met the necessary criteria for approval. The agreement was found to be fair and reasonable, providing adequate protections for employees and allowing for the fair resolution of disputes. The Commission approved the Wellen Pty Ltd - Trading as Austcor Packaging Enterprise Bargaining Agreement 2016. The Commission ordered that the agreement be registered and have effect from the date of the approval, ensuring that it would govern the employment conditions of the relevant employees.

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