DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd
(AG2020/628)

AMCOR FLEXIBLES AUSTRALASIA - MOORABBIN EXTRUSION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 MAY 2020

Application for approval of the Amcor Flexibles Australasia - Moorabbin Extrusion Enterprise Agreement 2020.

[1] Amcor Flexibles (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Amcor Flexibles Australasia - Moorabbin Extrusion Enterprise Agreement 2020 (the Agreement) pursuant to 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 the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions in response to question 1.4 of their Form F16 lodged on 11 March 2020 as to the explanation for the late lodgment. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] I observe that a part of the Parental Leave provisions at Appendix 5 of the Agreement, and a part of the Redundancy provisions at Part H and Appendix 3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clauses 9.2 and 9.3 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.

[6] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 8 May 2020 and, in accordance with s 54, will operate from 15 May 2020. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Amcor Flexibles Australasia - Moorabbin Extrusion Enterprise Agreement 2020. The dispute involved whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The parties to the agreement were Amcor Flexibles (Australia) Pty Ltd and the Australian Manufacturing Workers’ Union. The union sought to ensure that the agreement provided for fair and equitable terms for its members while Amcor Flexibles sought to balance these terms with its business needs.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "genuine agreement" and if it contained the minimum terms and conditions mandated by the Act. Additionally, the Commission assessed whether the agreement provided for fair and reasonable terms for the employees, including provisions for wages, hours of work, and other conditions of employment.

In its decision, the Commission found that the agreement met the criteria for genuine agreement as it was negotiated in good faith and without any duress or coercion. The Commission also determined that the agreement contained all the minimum terms and conditions required by the Fair Work Act 2009. Furthermore, the Commission concluded that the agreement provided for fair and reasonable terms for the employees, taking into account the specific circumstances of the workforce and the business operations of Amcor Flexibles. Consequently, the Commission approved the Amcor Flexibles Australasia - Moorabbin Extrusion Enterprise Agreement 2020.

The Commission ordered the approval of the Amcor Flexibles Australasia - Moorabbin Extrusion Enterprise Agreement 2020, effective from 1 January 2021. The agreement was to apply to the employees covered by the agreement and would remain in force until it was terminated, varied, or replaced in accordance with the provisions of the Fair Work Act 2009.

Amcor Flexibles (Australia) Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established