DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Amcor Ltd
(AG2014/10908)

AMCOR CARTONBOARD ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 JANUARY 2015

Application for termination of the Amcor Cartonboard Enterprise Agreement 2011.

[1] On 18 December 2014 Amcor Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the Amcor Cartonboard Enterprise Agreement 2011 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed.

[3] In having regard to the requirements of s.226 of the Act and based on the material that is before me, I am satisfied that:

it is not contrary to the public interest to terminate the Agreement; and

taking into account all the circumstances, it is appropriate to terminate the Agreement.

[4] In accordance with s.227 of the Act, the termination will come into effect today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Amcor Ltd sought to terminate the Amcor Cartonboard Enterprise Agreement 2011, which governed the employment conditions of its employees. The dispute arose due to significant changes in the industry and the financial performance of the company, leading Amcor to argue that the enterprise agreement was no longer suitable. The matter was heard by the Full Bench of the Commission.

The legal issues before the Commission centred on whether Amcor had established a "change of circumstances" that justified terminating the enterprise agreement. Under the Fair Work Act 2009, an enterprise agreement can be terminated if there is a substantial change in circumstances since the agreement was made, and the agreement is no longer appropriate. The Commission had to assess whether Amcor had demonstrated a significant and lasting change in circumstances that warranted the termination of the existing agreement.

The Commission considered the evidence presented by Amcor regarding changes in the industry, the company's financial performance, and the impact of these changes on its operations. After a thorough analysis, the Commission found that Amcor had not adequately demonstrated that the changes were of such a nature and magnitude that they rendered the existing enterprise agreement unsuitable. Consequently, the Commission dismissed Amcor's application for termination of the agreement.

As a result of the decision, the Amcor Cartonboard Enterprise Agreement 2011 remained in effect, continuing to govern the employment conditions of Amcor's employees. The Commission's ruling underscored the importance of demonstrating a substantial and enduring change in circumstances for the successful termination of an enterprise agreement.

Amcor Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established