DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd
(AG2020/1425)

AMCOR FLEXIBLES (AUSTRALIA) VICTORIA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 22 JUNE 2020

Application for approval of the Amcor Flexibles (Australia) Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles (Australia) Victoria Enterprise Agreement 2019 (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.

[2] 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Workers’ Union 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2020. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Amcor Flexibles (Australia) Pty Ltd, seeking approval of the Amcor Flexibles (Australia) Victoria Enterprise Agreement 2019. The respondents were the Australian Manufacturing Workers' Union and the Australian Services Union. The nature of the dispute involved the terms and conditions of employment for the workers covered by the agreement, which sought to establish a new industrial framework for the employees in the Victoria region.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable resolution of the terms of employment, met the statutory requirements of the Fair Work Act 2009, and whether it complied with the 'better off overall test'. This test required the Commission to determine whether employees would be better off overall under the proposed agreement compared to the existing industrial conditions. Additionally, the Commission had to consider whether the agreement met the 'good faith' bargaining requirements.

In delivering its decision, the Commission examined the provisions of the proposed agreement, the submissions from both parties, and relevant case law. The Commission noted that the agreement contained provisions that addressed key aspects of employment, including wages, working hours, and conditions of work. It found that the agreement provided for a reasonable and fair resolution of the employment terms and met the statutory requirements of the Fair Work Act. The Commission also determined that the agreement satisfied the 'better off overall test', as it provided employees with improved conditions and benefits. Furthermore, the Commission was satisfied that the agreement was the product of good faith bargaining.

The Commission approved the Amcor Flexibles (Australia) Victoria Enterprise Agreement 2019, and the terms of the agreement will now apply to the employees covered by it. The decision provides a new industrial framework for the employees in the Victoria region, which the Commission found to be fair and reasonable.

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