Amcor Flexibles (Australia) Pty Ltd Summary

[2014] FWCA 1900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd
(AG2014/514)

AMCOR FLEXIBLES AUSTRALASIA - MOORABBIN ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER BLAIR	MELBOURNE, 20 MARCH 2014

Application for approval of the Amcor Flexibles Australasia - Moorabbin Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Amcor Flexibles Australasia - Moorabbin Enterprise 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 Flexibles (Australia) Pty Ltd.

[2] 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.

[3] 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has 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 organisation.

[5] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2014. The nominal expiry date of the Agreement is 30 November 2016.

ANNEXURE A

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CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd sought approval of the Amcor Flexibles Australasia - Moorabbin Enterprise Agreement 2013 in the Fair Work Commission. The agreement aimed to set terms and conditions for employees in Moorabbin, Victoria. The Fair Work Commission was tasked with determining if the agreement was in the public interest and if it complied with the relevant industrial relations laws.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, if it was fair and reasonable, and if it adhered to the statutory requirements outlined in the Fair Work Act 2009. The Commission had to ensure that the agreement met the standards for employee protection and fairness as mandated by the legislation.

The Fair Work Commission found that the agreement was genuinely negotiated, meeting the legal standards for industrial agreements. The Commission concluded that the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. It was determined that the agreement complied with all statutory requirements and did not adversely affect the broader public interest.

The Commission approved the Amcor Flexibles Australasia - Moorabbin Enterprise Agreement 2013, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would apply to the employees covered by it, subject to the provisions of the Fair Work Act 2009.

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