Amcor Closure Systems Pty Ltd

[2013] FWCA 2789

FAIR WORK COMMISSION

DECISION

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

Amcor Closure Systems Pty Ltd
(AG2013/906)

AMCOR CLOSURE SYSTEMS PTY LTD - DUDLEY PARK - EMPLOYEE COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 9 MAY 2013

Application for approval of the Amcor Closure Systems Pty Ltd - Dudley Park - Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Closure Systems Pty Ltd - Dudley Park - Employee Collective 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 Amcor Closure Systems Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“Amcor Closure Systems Pty Ltd the employer party to the Agreement undertakes that, notwithstanding the provision in clause 1.4.2 of the Agreement, the parties have agreed that the nominal expiry date of the Agreement will be four (4) years from the date the Agreement comes into operation.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2013. The nominal expiry date of the Agreement is 16 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amcor Closure Systems Pty Ltd applied to the Fair Work Commission for approval of the Amcor Closure Systems Pty Ltd - Dudley Park - Employee Collective Agreement 2013. The applicant is a manufacturer of containers, closures, and seals for the food and beverage industry. The respondents were various trade unions representing employees at the applicant’s Dudley Park factory. The unions opposed the proposed agreement, which was to be registered under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement met the requirements for registration under the Act, particularly whether it was in the interests of the employees and provided adequate protections.

The Commission considered several factors in determining whether the agreement was in the employees’ best interests. These included the rights and protections provided under the agreement, the fairness of the agreement, and whether the agreement was made in good faith. The applicant argued that the agreement provided adequate protections for employees, including provisions for redundancy, termination, and dispute resolution. The unions argued that the agreement did not provide adequate protections and that it was not made in good faith. After considering the evidence and arguments presented by both parties, the Commission found that the agreement was in the employees’ best interests and met the requirements for registration under the Act.

The Commission approved the Amcor Closure Systems Pty Ltd - Dudley Park - Employee Collective Agreement 2013, subject to certain conditions. The Commission ordered that the agreement be registered and that it be published in the Federal Register of Legislation. The Commission also ordered that the applicant provide certain information to the unions and the Fair Work Ombudsman. The unions were given the right to appeal the Commission’s decision within 21 days of the decision being published. Overall, the Court found that the agreement met the requirements for registration and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established