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

[2017] FWCA 4208

[2017] FWCA 4208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles - Preston
(AG2017/2630)

AMCOR FLEXIBLES AUSTRALIA (PRESTON) MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 AUGUST 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Australia (Preston) Maintenance 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 - 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement was approved on 14 August 2017 and, in accordance with s.54, will operate from 21 August 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE425141  PR595308>

ANNEXURE A