Amcor Flexibles (Australia) Pty Ltd Summary

[2014] FWCA 6006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd
(AG2014/7256)

AMCOR FLEXIBLES AUSTRALIA (PRESTON) ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 1 SEPTEMBER 2014

Application for approval of the Amcor Flexibles Australia (Preston) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Australia (Preston) Enterprise Agreement 2014 (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] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 1 September 2014 and, in accordance with s.54 of the Act, will operate from 8 September 2014. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Amcor Flexibles Australia (Preston) Enterprise Agreement 2014. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009, as a low paid enterprise agreement. The application was opposed by the Australian Manufacturing Workers' Union. The nature of the dispute was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009, specifically in relation to the low paid threshold and the process for its approval.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement satisfied the criteria for approval as a low paid enterprise agreement under section 231 of the Fair Work Act 2009. The Commission had to determine whether the agreement met the low paid threshold and if the proper process for approval had been followed. Additionally, the Commission considered whether the agreement provided for appropriate protections for employees, particularly those in low-paid positions.

The Fair Work Commission found that the proposed enterprise agreement did meet the low paid threshold and that the proper process for its approval had been followed. The Commission emphasised that the agreement included provisions that ensured adequate protections for employees, including those in low-paid roles. The agreement was structured to provide fair and reasonable terms for all employees, with specific attention to the needs of those in lower-paid positions. Based on this, the Commission approved the enterprise agreement under section 231 of the Fair Work Act 2009. The applicant's application for approval of the Amcor Flexibles Australia (Preston) Enterprise Agreement 2014 was thus successful.

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