DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Preston
(AG2017/3337)

AMCOR FLEXIBLES AUSTRALIA (PRESTON) ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Amcor Flexibles Australia (Preston) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Australia (Preston) 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 - Preston. 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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Preston applied to the Fair Work Commission for approval of the Amcor Flexibles Australia (Preston) Enterprise Agreement 2016. The application for approval was contested by the United Voice Union of Australia, which claimed that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was a genuine enterprise agreement under the Act, and whether it met the specific criteria for approval.

The central legal issue was whether the agreement complied with the statutory requirements for genuine enterprise agreements. This involved examining the process by which the agreement was made, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions. The Commission also had to consider whether the agreement would result in improved working conditions and terms for the employees covered by it.

In deciding the matter, the Commission found that the agreement had been made in good faith and was a genuine enterprise agreement. The application for approval was subsequently dismissed, and the agreement was registered. The Commission held that the agreement met all the requirements for approval under the Fair Work Act, including the provision of minimum terms and conditions and the improvement of working conditions for employees.

The Fair Work Commission approved the Amcor Flexibles Australia (Preston) Enterprise Agreement 2016 and registered it under the Fair Work Act 2009. This decision confirmed the validity of the agreement and ensured that it would be enforceable between the parties involved.

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