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austlii:cth/FWCA/2022/4316
procedural. The Agreement was approved and will operate from 15 December 2022 with a nominal expiry date of 31 August 2025
1 cited instrument linked from this judgment.
The Fair Work Commission approved an enterprise agreement for Jamestrong Packaging Australia Pty Ltd covering its Milperra can manufacturing facility. The Commission accepted written undertakings from the employer, finding they would not disadvantage employees or substantially change the agreement. The agreement covers two unions—the Australian Manufacturing Workers' Union and the CEPU—who were bargaining representatives. The agreement will operate from 15 December 2022 until 31 August 2025.
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s.185 - Enterprise agreement
JAMESTRONG PACKAGING (MILPERRA) CAN MANUFACTURING ENTERPRISE AGREEMENT 2022
Application for approval of the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2022.
[1] Jamestrong Packaging Australia Pty Ltd (the Employer) has made an application for the approval of the Jamestrong Packaging (Milperra) Can Manufacturing Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
[3] Subject to the Employer's undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU and the CEPU.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 31 August 2025.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 15 December 2022 with a nominal expiry date of 31 August 2025