Amcor Flexibles (Australia) Pty Ltd
[2025] FWCA 1199
•9 APRIL 2025
| [2025] FWCA 1199 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Amcor Flexibles (Australia) Pty Ltd
(AG2025/642)
AMCOR FLEXIBLES AUSTRALIA (PRESTON) MAINTENANCE & AMWU & CEPU ENTERPRISE AGREEMENT 2024.
| Manufacturing and associated industries | |
| COMMISSIONER ALLISON | MELBOURNE, 9 APRIL 2025 |
Application for approval of the Amcor Flexibles Australia (Preston) Maintenance & AMWU & CEPU Enterprise Agreement 2024
Amcor Flexibles (Australia) Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Amcor Flexibles Australia (Preston) Maintenance & AMWU & CEPU Enterprise Agreement 2024 (the Agreement).
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 each 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 both organisations.
The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Amcor Flexibles Preston Maintenance Enterprise Agreement 2024” which does not match the title of the Agreement to be approved. The NERR was also not in the form prescribed by the regulations. I am satisfied that these were minor procedural or technical errors and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.
Appendix 9 of the Agreement contained a drafting error, as it contained erroneous rates for license and skill maintenance allowance which disadvantaged the employees. The Employer has provided an updated copy of the Agreement which corrects the erroneous rates. I am satisfied that this constituted an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.
Clause 9 of the Agreement, relating to the dispute resolution procedure, appears to restrict representation of an employee at the initial stages of a dispute, inconsistent with s.186(6) of the Act. The Employer provided an undertaking that employees have a right to representation at any stage in the dispute resolution procedure, to resolve this concern.
A copy of the undertaking 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.
Subject to the undertaking 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2025. The nominal expiry date of the Agreement is 31 December 2027.
COMMISSIONER
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Annexure A
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