DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Moorabbin
(AG2017/2910)

AMCOR FLEXIBLES AUSTRALASIA - MOORABBIN PRINTING, CONVERSION & WAREHOUSE ENTERPRISE AGREEMENT 2016

Rubber, plastic and cable making industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 OCTOBER 2017

Application for approval of the Amcor Flexibles Australasia - Moorabbin Printing, Conversion & Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Australasia – Moorabbin Printing, Conversion & Warehouse Enterprise Agreement 2016 (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 - Moorabbin. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia – Moorabin. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 30 November 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd, trading as Amcor Flexibles Australasia - Moorabbin, applied to the Fair Work Commission for the approval of the Amcor Flexibles Australasia - Moorabbin Printing, Conversion & Warehouse Enterprise Agreement 2016. The dispute arose from the proposed changes to the employees' working conditions and remuneration. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed changes in the enterprise agreement were fair and reasonable. The Commission had to consider whether the agreement provided for appropriate mechanisms for resolving disputes, whether it was free from any coercive conduct, and whether it contained the necessary minimum terms and conditions. Additionally, the Commission assessed if the agreement complied with the Good Faith Bargaining provisions and whether it provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the proposed enterprise agreement met all the statutory requirements. The Commission was satisfied that the agreement provided for adequate dispute resolution mechanisms and was free from any coercive conduct. The Commission determined that the agreement contained the necessary minimum terms and conditions and was in compliance with the Good Faith Bargaining provisions. The Commission also found that the proposed terms and conditions were fair and reasonable, taking into account the economic circumstances of the parties and the overall balance of the agreement.

The Fair Work Commission approved the Amcor Flexibles Australasia - Moorabbin Printing, Conversion & Warehouse Enterprise Agreement 2016, effective from 1 July 2016. The Commission's decision was based on its finding that the agreement met the statutory requirements under the Fair Work Act 2009 and provided for fair and reasonable terms and conditions for the employees.

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Moorabbin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established