Application for approval of the Innovia Films (Asia Pacific) Pty Ltd and United Workers Union Enterprise Agreement 2025 - 2028

[1] An application has been made for the approval of an enterprise agreement known as the Innovia Films (Asia Pacific) Pty Ltd and United Workers Union Enterprise Agreement 2025 - 2028. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth). It has been made by Innovia Films (Asia Pacific) Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] The title clause in the Agreement provides that the Agreement title will be known as the 'Innovia Films (Asia Pacific) Pty Ltd and United Workers Union Enterprise Agreement 2025 - 2028' however, the Notice of Employee Representational Rights stated that the title is 'Innovia Films (Asia Pacific) Pty Ltd and United Workers Union Enterprise Agreement. I am satisfied having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[3] I observe that the following clauses of the Agreement are likely to be inconsistent with the National Employment Standards (NES):

• Clause 18.3(a) - Continuous Shift workers

• Clause 22.4 - Termination of Employment

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers Union (UWU) 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 UWU.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2025. The nominal expiry date of the Agreement is 16 August 2028.

[1] [2019] FWCFB 318.

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