Amcor Flexibles (Australia) Pty Ltd

[2023] FWCA 1008

[2023] FWCA 1008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd

(AG2023/729)

AMCOR FLEXIBLES (AUSTRALIA) VICTORIA ENTERPRISE AGREEMENT 2022

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 13 APRIL 2023

Application for approval of the Amcor Flexibles (Australia) Victoria Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Amcor Flexibles (Australia) Victoria Enterprise Agreement 2022 (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.

1. The Employer has provided written undertakings. A copy of the undertakings 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.

1. Subject to the undertakings 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.

1. The United Workers' Union and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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) I note that the Agreement covers the organisations.

1. Clause 4 of the Agreement provides: “The Agreement shall operate from 7 days after the date of lodgement with the FWC...” (underlining added). This Clause is inconsistent with s.54 of the Act which provides that an enterprise agreement operates from 7 days after the agreement is approved; or if a later day is specified in the agreement - that later day.

1. The Agreement is approved and, in accordance with s.54 of the Act, despite what is provided in Clause 4 of the Agreement, will operate from 20 April 2023 being 7 days after the agreement is approved by the Fair Work Commission. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

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<AE519674  PR760902>

Annexure A