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.

COMMISSIONER

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CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd sought approval for the Acacia Ridge Enterprise Agreement 2020 from the Fair Work Commission. The applicant and the trade union representing the employees could not reach an agreement, leading to the application for an assessment by the Fair Work Commission. The central legal issue revolved around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided fair and reasonable terms and conditions of employment and if it was appropriately certified by the relevant union.

The Fair Work Commission examined the agreement to ascertain if it complied with the statutory requirements for approval. The court considered various factors, including the procedural fairness of the agreement, whether it was appropriately certified, and if it provided terms and conditions that were fair and reasonable. The Commission found that the agreement adequately met these criteria, and the certification process was valid. The court emphasised the importance of the agreement's procedural integrity and its alignment with the legislative intent to provide fair employment terms.

In conclusion, the Fair Work Commission approved the Acacia Ridge Enterprise Agreement 2020. The court held that the agreement was fairly and reasonably certified and provided appropriate terms and conditions of employment. The decision was made on the basis that the applicant had demonstrated compliance with the statutory requirements.

Amcor Flexibles (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established