Amcor Flexibles (Australia) Pty Ltd

[2022] FWCA 4187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd

(AG2022/4670)

Amcor Flexibles Australia (Preston) Maintenance Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 29 NOVEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Australia (Preston) Maintenance 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Amcor Flexibles (Australia) Pty Ltd applied for the approval of the Amcor Flexibles Australia (Preston) Maintenance Enterprise Agreement 2022. The dispute centred around whether the agreement met the necessary standards for approval under the Fair Work Act 2009, particularly in terms of its provisions on minimum rates of pay, leave entitlements, penalty rates, and other conditions of employment. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with the statutory requirements set out in the Fair Work Act.

The legal issues before the Commission included whether the proposed agreement provided for a safety net of minimum terms and conditions, whether the agreement was free from coercion and undue influence, and if the agreement met the "better off overall test" which ensures that employees are not worse off under the agreement than they would be under the applicable award. Additionally, the Commission considered whether the agreement adequately addressed the specific needs and concerns of the workforce, particularly in the context of the maintenance operations at the Preston site.

The Commission found that the agreement met all the statutory requirements for approval. It provided for a safety net of minimum terms and conditions, was free from coercion and undue influence, and met the better off overall test. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific needs and circumstances of the workforce. The agreement was therefore approved as a certified agreement under the Fair Work Act 2009.

No specific final orders were outlined in the decision, as the approval of the agreement itself constituted the primary outcome. However, the approval ensures that the terms and conditions set out in the agreement are legally binding on both parties, providing a framework for the employment relationship between Amcor Flexibles (Australia) Pty Ltd and its employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established