Amcor Flexibles (Australia) Pty Ltd Summary

[2014] FWCA 6445

FAIR WORK COMMISSION

DECISION

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

Amcor Flexibles (Australia) Pty Ltd
(AG2014/8912)

AMCOR FLEXIBLES ACACIA RIDGE ENTERPRISE AGREEMENT 2014-2017

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 15 SEPTEMBER 2014

Application for approval of the Amcor Flexibles Acacia Ridge Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Acacia Ridge Enterprise Agreement 2014-2017 (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.

[1] 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.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[3]
The Agreement was approved in Chambers on 15 September 2014 and, in accordance with s.54 of the Act, will operate from 22 September 2014. The nominal expiry date of the Agreement is 14 July 2017.

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CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd sought approval of the Amcor Flexibles Acacia Ridge Enterprise Agreement 2014-2017 in the Fair Work Commission. The applicant argued that the agreement, which had been negotiated between the employer and the employees' union, was appropriate for the workforce and met the requirements for approval under the Fair Work Act 2009. The legal issues for the Commission to resolve were whether the agreement complied with the relevant provisions of the Act and whether it was in the best interests of the employees.

The Commission noted that the agreement had been negotiated in good faith and that the process followed was appropriate. It was also satisfied that the agreement provided for appropriate terms and conditions for the employees, including pay rates, working conditions, and dispute resolution mechanisms. The Commission found that the agreement was fair and reasonable, and that it met the requirements for approval under the Act. It was also satisfied that the agreement was in the best interests of the employees, as it provided for a range of benefits and protections that were not available under the applicable award.

Accordingly, the Commission approved the Amcor Flexibles Acacia Ridge Enterprise Agreement 2014-2017, finding that it was a suitable agreement for the employees and met the requirements for approval under the Act. The agreement was approved with effect from the date of the decision, and will remain in force until the next scheduled review or until it is replaced by a new agreement. The employer and employees are now bound by the terms of the approved agreement, and any disputes arising under it must be resolved in accordance with the agreement's dispute resolution provisions.

Amcor Flexibles (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established