DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd
(AG2020/386)

AMCOR FLEXIBLES AUSTRALIA (PRESTON) MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 30 MARCH 2020

Application for approval of the AMCOR Flexibles Australia (Preston) Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AMCOR Flexibles Australia (Preston) Maintenance Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amcor Flexibles (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that 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, 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. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, 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 organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd applied to the Fair Work Commission for approval of the AMCOR Flexibles Australia (Preston) Maintenance Enterprise Agreement 2019. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centered on the terms and conditions outlined within the agreement, specifically those relating to the classification of employees and their remuneration, work hours, and leave entitlements.

The primary legal issue the Fair Work Commission was required to determine was whether the agreement met the requirements under the Fair Work Act 2009. The Commission had to examine if the agreement was made in good faith, if it provided for minimum terms and conditions of employment, and if it was likely to achieve a fair and efficient workplace. Additionally, the Commission considered if the agreement provided adequate protections and benefits to employees, and if it complied with the procedural requirements set out in the Act.

After reviewing the submissions from both parties and the evidence presented, the Fair Work Commission found that the agreement did meet the necessary statutory requirements. The Commission determined that the agreement was made in good faith and provided for the minimum terms and conditions as mandated by the Act. It was found that the agreement was likely to achieve a fair and efficient workplace and provided adequate protections and benefits to employees. Furthermore, the Commission concluded that all procedural requirements had been met. As a result, the Fair Work Commission approved the AMCOR Flexibles Australia (Preston) Maintenance Enterprise Agreement 2019.

Amcor Flexibles (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established