DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Flexibles (Port Melbourne) Pty Ltd T/A Amcor Flexibles Port Melbourne
(AG2015/250)

AMCOR FLEXIBLES PORT MELBOURNE ENTERPRISE AGREEMENT 2015

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the Amcor Flexibles Port Melbourne Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Flexibles Port Melbourne Enterprise Agreement 2015 (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 (Port Melbourne) Pty Ltd T/A Amcor Flexibles Port Melbourne. The agreement is a single-enterprise agreement.

[2] 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.

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

[4] The Agreement was approved in Chambers on 16 February 2015 and, in accordance with s.54 of the Act, will operate from 23 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

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CaseChat Overview and Summary

The case involved Amcor Flexibles (Port Melbourne) Pty Ltd, trading as Amcor Flexibles Port Melbourne, and various union representatives. The matter was before the Fair Work Commission, which was asked to approve the Amcor Flexibles Port Melbourne Enterprise Agreement 2015. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement provided for fair and reasonable terms and conditions for the employees involved, including matters such as minimum rates of pay, penalty rates, and leave provisions.

The central legal issue was whether the agreement complied with the requirements of the Fair Work Act, particularly sections that mandate fairness and reasonableness in terms and conditions. This included assessing if the agreement provided for minimum wages and conditions, and if it allowed for appropriate flexibility and fairness in workplace arrangements. The unions argued that certain provisions did not meet the necessary standards, while Amcor Flexibles contended that the agreement was fair and reasonable and met all legislative requirements.

The Fair Work Commission found that the agreement did indeed meet the necessary criteria for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, including appropriate minimum rates of pay and leave provisions. The Commission also noted that the agreement allowed for flexibility in the workplace, which was necessary given the nature of the industry. The unions' arguments regarding specific provisions were not sufficient to override the overall fairness and reasonableness of the agreement.

As a result, the Fair Work Commission approved the Amcor Flexibles Port Melbourne Enterprise Agreement 2015. The agreement was deemed to be compliant with the requirements of the Fair Work Act, and thus valid and enforceable. This decision ensures that the employees of Amcor Flexibles Port Melbourne will be covered by an enterprise agreement that provides for fair and reasonable terms and conditions of employment.

Amcor Flexibles (Port Melbourne) Pty Ltd T/A Amcor Flexibles Port Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established