Amcor Flexibles (Australia) Pty Ltd

[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

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.

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.

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.

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.

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.

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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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Amcor Flexibles (Australia) Pty Ltd sought approval of an enterprise agreement. The dispute centred around the terms and conditions of employment for the company’s employees under the proposed Amcor Flexibles (Australia) Victoria Enterprise Agreement 2022. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements.

The primary legal issues before the Commission included whether the agreement met the “no disadvantage” test, ensuring that employees would not be worse off under the new agreement. Additionally, the Commission examined whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of the procedural fairness and the scope of permissible matters. The Commission also considered whether the agreement appropriately balanced the rights and interests of the employees and the employer.

The Commission found that the agreement met the “no disadvantage” test, as employees would not be worse off and in some cases, would benefit from the new terms. The Commission was satisfied that the agreement was procedurally fair, with appropriate consultation and negotiation processes observed. The agreement was deemed to comply with the Fair Work Act 2009, and the Commission concluded that it appropriately balanced the interests of both the employer and the employees. Consequently, the Commission approved the Amcor Flexibles (Australia) Victoria Enterprise Agreement 2022.

The Fair Work Commission approved the Amcor Flexibles (Australia) Victoria Enterprise Agreement 2022, effective from the date of the decision. The approval was subject to the conditions that the agreement would be registered with the Fair Work Commission and that any future disputes would be referred to the Commission for resolution. The decision provided clarity and certainty for both the employer and the employees, facilitating a stable industrial relations environment within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established