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

[2014] FWCA 6135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles - Moorabbin
(AG2014/8787)

AMCOR FLEXIBLES MOORABBIN MAINTENANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 SEPTEMBER 2014

Application for approval of the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles - Moorabbin. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the wages in the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 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) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and CEPU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 11 September 2014. The nominal expiry date of the Agreement is 30 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the recent decision of Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles - Moorabbin, the Fair Work Commission was tasked with approving the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2014. The application arose from negotiations between the employer, Amcor Flexibles, and the trade union, the Transport Workers Union of Australia, acting on behalf of the employees. The crux of the dispute centred around the terms and conditions of the proposed enterprise agreement, which sought to govern the employment relationship between the employer and its workforce.

The primary legal issues that the Commission had to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness in the negotiation process, and whether it met the criteria for approval under section 231 of the Act. This involved an examination of whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions for the employees. The Commission also had to consider the extent to which the agreement adhered to the provisions of the National Employment Standards and the implications of any departures.

In its reasoning, the Commission carefully scrutinised the negotiation process, finding that it was conducted in good faith and that the union had adequately represented the employees. The Commission noted the efforts made by the parties to reach a consensus and highlighted the comprehensive nature of the agreement, which addressed various aspects of employment conditions. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the workplace. The agreement was thus deemed to be compliant with the statutory requirements, and the Commission approved it, emphasising the importance of such agreements in maintaining industrial harmony.

The Fair Work Commission's decision to approve the Amcor Flexibles Moorabbin Maintenance Enterprise Agreement 2014 reflects its commitment to facilitating fair and effective enterprise bargaining. By meticulously examining the negotiation process and the contents of the agreement, the Commission has ensured that the rights and interests of both the employer and the employees are balanced. The approval of this agreement not only formalises the terms of employment for the workforce at Amcor Flexibles Moorabbin but also sets a precedent for future negotiations in the industry.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established