DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Dandenong) Pty Ltd
(AG2015/897)

AMCOR FLEXIBLES (DANDENONG) PTY LTD ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 MAY 2015

Application for approval of the Amcor Flexibles (Dandenong) Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles (Dandenong) Pty Ltd Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Amcor Flexibles (Dandenong) Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 14 May 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Amcor Flexibles (Dandenong) Pty Ltd, an employer, applied for approval of an enterprise agreement between the company and its employees. The application was brought before the Fair Work Commission, where the nature of the dispute was the terms and conditions of employment as outlined in the proposed enterprise agreement. The parties involved were Amcor Flexibles (Dandenong) Pty Ltd, as the employer, and the employees who were part of the relevant bargaining unit.

The legal issues the court was required to decide included whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. Specifically, the court needed to assess whether the proposed terms and conditions were fair and reasonable, and whether the agreement had been made in good faith. The court also considered whether the agreement met the requirements of the "better off overall test" and whether it was likely to promote harmonious, productive, and cooperative workplace relations.

The court found that the enterprise agreement was in compliance with the Fair Work Act and met the requirements for approval. The court noted that the agreement contained provisions that were fair and reasonable, and that it was likely to promote harmonious, productive, and cooperative workplace relations. The court also found that the agreement had been made in good faith and that the employees were better off overall under the terms of the agreement. Consequently, the court approved the enterprise agreement.

The Fair Work Commission approved the Amcor Flexibles (Dandenong) Pty Ltd Enterprise Agreement 2015-2018, as it complied with the Fair Work Act and was in the best interests of the employees. The court's decision was based on the agreement meeting the "better off overall test" and promoting harmonious, productive, and cooperative workplace relations.

Amcor Flexibles (Dandenong) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established