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

ANNEXURE A

CaseChat Overview and Summary

Amcor Flexibles (Australia) Pty Ltd T/A Amcor Flexibles – Preston applied to the Fair Work Commission for approval of the Amcor Flexibles Australia (Preston) Maintenance Enterprise Agreement 2017. The union, United Voice, which is the certified bargaining agent for the employees, objected to the application. The dispute centred around various provisions within the agreement that the union claimed did not meet the requirements of a modern award or ensure fair terms and conditions for the employees.

The legal issues before the Fair Work Commission involved determining whether the provisions of the agreement complied with the Fair Work Act 2009. Specifically, the union argued that certain clauses were contrary to public policy, failed to provide procedural fairness, and did not meet the minimum terms and conditions set out in the relevant modern award. The commission needed to consider whether the agreement could be approved despite these objections.

The Fair Work Commission examined the provisions of the agreement in detail, considering the arguments from both parties. The commission found that while some provisions did not align perfectly with the modern award, they did not contravene public policy or fail to provide procedural fairness. The commission concluded that the overall agreement was fair and reasonable, taking into account the bargaining positions of the parties and the context of the enterprise. The application was approved, and the agreement was registered.

The final orders of the commission included the approval and registration of the Amcor Flexibles Australia (Preston) Maintenance Enterprise Agreement 2017, effective from 1 April 2017. The union's objections were dismissed, and the agreement was set to govern the terms and conditions of employment for the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established