DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Moorabbin
(AG2017/981)

AMCOR FLEXIBLES AUSTRALASIA - MOORABBIN EXTRUSION ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2017

Application for approval of the Amcor Flexibles Australasia - Moorabbin Extrusion Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Australasia - Moorabbin Extrusion 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] 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.

[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 National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd, trading as Amcor Flexibles Australasia - Moorabbin, sought approval for the Amcor Flexibles Australasia - Moorabbin Extrusion Enterprise Agreement 2016. The application was made to the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, specifically the extent to which the proposed agreement complied with the legal requirements for enterprise agreements.

The primary legal issues before the court were whether the agreement had been made in accordance with the mandatory requirements of the Fair Work Act, and whether the agreement provided for the fair and equitable treatment of employees. This involved assessing whether the agreement had been negotiated in good faith, whether the agreement had been properly presented to the employees, and whether the agreement contained the minimum terms and conditions prescribed by the Fair Work Act.

The Fair Work Commission examined the process by which the agreement was negotiated and whether the employees had been adequately consulted. The court also considered whether the agreement provided for terms and conditions that were not less favourable than the applicable award or the general industrial awards. The court found that the agreement had been made in good faith and that the employees had been given a reasonable opportunity to discuss the proposed agreement. The Commission concluded that the agreement contained all the required minimum terms and conditions and provided for the fair and equitable treatment of employees.

The Fair Work Commission approved the Amcor Flexibles Australasia - Moorabbin Extrusion Enterprise Agreement 2016, determining that it complied with all legal requirements and provided for the fair and equitable treatment of employees. The Commission’s decision was based on the evidence presented that the agreement had been negotiated in good faith and that employees had been adequately consulted. The agreement was registered, and its terms became binding on the parties involved.

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