DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd
(AG2020/1335)

AMCOR FLEXIBLES MOORABBIN MAINTENANCE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 11 JUNE 2020

Application for approval of the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2020 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 18 June 2020. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Amcor Flexibles (Australia) Pty Ltd and the National Union of Workers, where the union sought approval of the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2020. The dispute was heard by the Fair Work Commission (FWC). The primary issue before the FWC was whether the proposed enterprise agreement met the "better off overall test" (BOOT) as required under section 230 of the Fair Work Act 2009. This test ensures that employees are not worse off financially by virtue of being covered by the agreement.

The FW considered various submissions from both parties, focusing on the financial implications for employees, the changes to working conditions, and the overall fairness of the agreement. The union argued that the agreement provided significant benefits to employees, including pay increases and improved working conditions. Amcor Flexibles contended that the agreement was fair but questioned certain aspects that might place undue financial strain on the company. The FWC evaluated the evidence presented, including financial data and expert testimonies, to determine if the agreement met the BOOT.

The FWC found that the agreement did indeed meet the BOOT, as the overall benefits to employees, such as pay increases and improved conditions, outweighed any potential detriments. The FWC concluded that the agreement was fair and reasonable, taking into account both the economic context and the specific circumstances of the employees involved. The FWC approved the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2020, thereby resolving the dispute in favour of the union.

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