Amcor Flexibles (Australia) Pty Ltd
[2024] FWCA 576
•12 FEBRUARY 2024
| [2024] FWCA 576 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Amcor Flexibles (Australia) Pty Ltd
(AG2024/132)
AMCOR FLEXIBLES MOORABBIN MAINTENANCE ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 12 FEBRUARY 2024 |
Application for approval of the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2023
Amcor Flexibles (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 12 February 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523513 PR771204>
Annexure A
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