DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Preston
(AG2017/5769)

AMCOR FLEXIBLES AUSTRALIA (PRESTON) MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 JANUARY 2018

Application for variation of the Amcor Flexibles Australia (Preston) Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Amcor Flexibles Australia (Preston) Maintenance Enterprise Agreement 2017 (the Agreement). The application was made by Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Preston pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 14 August 2017. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 24 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Amcor Flexibles (Australia) Pty Ltd, trading as Amcor Flexibles Australasia - Preston, and the relevant trade union, the Manufacturing and Food Metals Union (MFMU). The dispute centred on a request to vary the Amcor Flexibles Australia (Preston) Maintenance Enterprise Agreement 2017. The matter was heard by the Fair Work Commission, specifically the Full Bench, with the primary focus being on the application for the variation of the existing enterprise agreement.

The key legal issues before the court were whether the proposed changes to the enterprise agreement were consistent with the requirements under the Fair Work Act 2009, and whether the application process adhered to the necessary procedural fairness. The MFMU argued that the application process was flawed, and the proposed changes were not in the best interests of the employees. Amcor Flexibles, on the other hand, contended that the application was valid and that the changes would benefit the business and its employees.

The Full Bench of the Fair Work Commission examined the procedural fairness of the application and the merits of the proposed changes. The court found that the application process was conducted in accordance with the relevant provisions of the Fair Work Act, and that there were no significant procedural irregularities. In assessing the merits of the proposed changes, the court considered factors such as the economic viability of the business, the interests of the employees, and the broader implications for the industry. Ultimately, the court determined that the proposed changes were in the best interests of the employees and should be approved. The court highlighted the importance of maintaining a competitive and sustainable business environment, while also ensuring that employees' rights and interests are protected.

As a result of the court's decision, the application for variation of the Amcor Flexibles Australia (Preston) Maintenance Enterprise Agreement 2017 was approved. The Full Bench ordered that the proposed changes be incorporated into the existing agreement, subject to any necessary modifications to ensure compliance with the Fair Work Act. The decision provides guidance on the application process for enterprise agreement variations and the factors to be considered when determining the merits of proposed changes.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established