[2018] FWCA 2451
The attached document replaces the document previously issued with the above code on 2 May 2018.
A change to the preamble needed to be made.
Agreements Team.
Dated 9 May 2018
| [2018] FWCA 2451 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Acacia Ridge
(AG2017/5774)
Amcor Flexibles Acacia Ridge Enterprise Agreement 2017-2020
| Publishing industry | |
| Commissioner Harper-Greenwell | MELBOURNE, 2 MAY 2018 |
Application for approval of the Amcor Flexibles Acacia Ridge Enterprise Agreement 2017-2020.
An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Acacia Ridge Enterprise Agreement 2017-202 (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 T/A Amcor Flexibles Australasia - Acacia Ridge. The Agreement is a single enterprise agreement.
The Applicant 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.
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 Agreement was approved on 2 May 2018 and, in accordance with s.54, will operate from 9 May 2018. The nominal expiry date of the Agreement is 14 July 2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE428198 PR606747>
Annexure A
- AGLC
- Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Acacia Ridge [2018] FWCA 2451
- Case
- [2018] FWCA 2451
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the agreement contained terms that were procedurally and substantively fair. Procedural fairness required the agreement to be negotiated in good faith and to have been made in accordance with the relevant industrial laws. Substantive fairness required that the agreement's terms and conditions were fair and reasonable in the circumstances of the employees. The court also had to consider if the agreement included adequate provisions for the protection of employees' interests and whether it provided for a fair process for the resolution of disputes.
The Fair Work Commission found that the agreement was procedurally fair as it was the result of good faith negotiations and was in accordance with the Fair Work Act. It was also substantively fair, as it provided for terms and conditions that were reasonable and balanced the interests of both the employer and employees. The agreement included provisions for the protection of employees' rights and interests, and provided for a fair process for the resolution of disputes. The Commission approved the agreement, finding that it met the legal requirements for approval.
The Fair Work Commission approved the Acacia Ridge Enterprise Agreement 2017-2020, finding that it met the legal requirements for approval under the Fair Work Act. The decision was made on the basis that the agreement was procedurally and substantively fair, and that it provided for the protection of employees' rights and interests.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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