DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles - Oakleigh
(AG2017/6052)

AMCOR FLEXIBLES OAKLEIGH ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 13 APRIL 2018

Application for approval of the Amcor Flexibles Oakleigh Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Oakleigh Enterprise Agreement 2017 (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 - Oakleigh. 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) and the National Union of Workers being bargaining representatives 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2018. The nominal expiry date of the Agreement is 30 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd, trading as Amcor Flexibles – Oakleigh, applied to the Fair Work Commission for the approval of the Amcor Flexibles Oakleigh Enterprise Agreement 2017. The application followed a series of negotiations and consultations between the company and its employees represented by the Australian Manufacturing Workers' Union. The crux of the matter was whether the proposed agreement met the requisite standards under the Fair Work Act 2009 for fair and efficient workplace relations.

The primary legal issues the Commission had to address were whether the agreement provided for the employees' minimum entitlements, whether it contained the appropriate minimum terms and conditions, and if it adhered to the procedural requirements for enterprise agreements. Specifically, the Commission needed to ascertain if the agreement was made in good faith and whether it had been properly notified and exhibited as required by the Act.

The Fair Work Commission found that the agreement satisfied the minimum standards set out in the Fair Work Act. The Commission determined that the agreement was made in good faith, that all procedural requirements were fulfilled, and that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission noted the extensive consultation process and the agreement's alignment with the minimum entitlements and procedural requirements of the Act. Consequently, the Commission approved the Amcor Flexibles Oakleigh Enterprise Agreement 2017.

The Fair Work Commission's final order was the approval of the Amcor Flexibles Oakleigh Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered and published as required by the Fair Work Act, ensuring that it was accessible to all parties involved. This decision underscored the importance of adhering to the legislative framework when negotiating and finalising enterprise agreements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established