Amcor Flexibles (Australia) Pty Ltd

[2020] FWCA 5109

[2020] FWCA 5109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Amcor Flexibles (Australia) Pty Ltd
(AG2020/2612)

AMCOR FLEXIBLES (AUSTRALIA) ACACIA RIDGE ENTERPRISE AGREEMENT 2020

Graphic Arts
COMMISSIONER HUNT	BRISBANE, 23 SEPTEMBER 2020

Application for approval of the Amcor Flexibles (Australia) Acacia Ridge Enterprise Agreement 2020.

[1] Amcor Flexibles (Australia) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Amcor Flexibles (Australia) Acacia Ridge Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I informed the Employer that Clause 10, Workplace Flexibility did not satisfy the terms of the Act, and accordingly, the model flexibility term per schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] I have taken into consideration the material filed in the Commission. Subject to the incorporation of the model flexibility term, 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Mr Rohan Webb, State Secretary of the of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the AMWU), filed a Form F18 statutory declaration stating the AMWU support the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. The AMWU did not object to the communication sent from my Chambers to the Employer referred to at [2].

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2020. The nominal expiry date of the Agreement is 14 July 2023.

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