Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles - Nunawading - [2014] FWCA 8259

[2014] FWCA 8259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles - Nunawading
(AG2014/9801)

AMCOR FLEXIBLES NUNAWADING ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 19 NOVEMBER 2014

Application for approval of the Amcor Flexibles Nunawading Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Nunawading Enterprise Agreement 2014 (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 - Nunawading. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clause 24.3 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 19 November 2014 and, in accordance with s.54 of the Act, will operate from 26 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Amcor Flexibles (Australia) Pty Ltd trading as Amcor Flexibles - Nunawading, seeking approval for the Amcor Flexibles Nunawading Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for the employees of the company, which were to be governed by the proposed agreement. The case was heard in the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the proposed agreement complied with the statutory requirements for enterprise agreements and whether it was made in good faith and without coercion. Specifically, the Commission needed to determine if the agreement met the provisions regarding procedural fairness, the protection of employees' rights, and the avoidance of unfair content. The fairness and compliance of the agreement were pivotal, as any defect could result in the refusal of approval.

In examining the application, the Commission considered the process through which the agreement was negotiated, the content of the agreement itself, and any evidence of good faith bargaining. The Commission found that the agreement was made in accordance with the procedural requirements set out in the Fair Work Act and that it contained terms that were not harsher than the applicable award or safety net. Furthermore, the evidence demonstrated that the agreement was the product of genuine and arm's length negotiations, without any improper influence or coercion. Based on these findings, the Commission concluded that the agreement was fair and appropriate for approval.

Accordingly, the Fair Work Commission approved the Amcor Flexibles Nunawading Enterprise Agreement 2014, recognising it as a valid and binding enterprise agreement under the Fair Work Act. The decision was made on the basis that the agreement met all the statutory requirements and was made in good faith, without any procedural defects or unfair terms.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established