Amcor Flexibles (Australia) Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

The case before the Fair Work Commission involved an application by Amcor Flexibles (Australia) Pty Ltd to have the Amcor Flexibles Australia (Preston) Maintenance & AMWU & CEPU Enterprise Agreement 2024 approved. The application was made in the context of industrial action and negotiations between the employer and the unions representing the employees, the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical and Plumbing Union (CEPU). The Fair Work Commission, being the authority responsible for the approval of enterprise agreements, was tasked with evaluating the agreement in accordance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the statutory requirements and whether it was made in good faith. The Commission had to consider provisions such as the procedural fairness in the agreement-making process, the extent to which the agreement met the requirements of the Fair Work Act, and whether the agreement contained mandatory terms as required by the legislation. The Commission also had to assess the overall fairness of the agreement in terms of its implications for the employees and the employer.

In reaching its decision, the Fair Work Commission examined the negotiation process and found that the agreement was made in good faith. The Commission noted that the agreement contained all the mandatory terms required by the Fair Work Act and was procedurally fair. It was also satisfied that the agreement was not detrimental to the employees and provided for appropriate protections and benefits. The Commission concluded that the proposed enterprise agreement met the necessary criteria and granted the application for approval.

The Fair Work Commission approved the Amcor Flexibles Australia (Preston) Maintenance & AMWU & CEPU Enterprise Agreement 2024, effective from the date of the decision. The approval ensures that the agreement will govern the employment conditions of the covered employees, providing a legally binding framework for their terms and conditions of employment.

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