Amcor Packaging (Australia) Ltd T/A Amcor Beverage Cans Ballarat Summary

[2013] FWCA 8572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Packaging (Australia) Ltd T/A Amcor Beverage Cans Ballarat
(AG2013/10954)

AMCOR BEVERAGE CANS - AUSTRALASIA, BALLARAT END PLANT, EMPLOYEE COLLECTIVE AGREEMENT, 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 OCTOBER 2013

Application for approval of the Amcor Beverage Cans - Australasia, Ballarat End Plant, Employee Collective Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Beverage Cans - Australasia, Ballarat End Plant, Employee Collective Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Amcor Packaging (Australia) Ltd T/A Amcor Beverage Cans Ballarat. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 6 November 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Amcor Packaging (Australia) Ltd, trading as Amcor Beverage Cans Ballarat, and the Australian Manufacturing Workers' Union. The dispute centred on the approval of the 2013 Employee Collective Agreement for the Amcor Beverage Cans - Australasia, Ballarat End Plant. The matter was heard in the Fair Work Commission, the industrial relations tribunal with jurisdiction over such disputes. The union sought approval for the agreement, while Amcor Packaging contested certain provisions, arguing they were not fairly representing the interests of the employees.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Key points of contention were provisions related to the classification and remuneration of employees, the process for resolving disputes, and the inclusion of specific terms that Amcor Packaging argued were not adequately supported by employee input or consultation. The Commission needed to determine if the agreement met the statutory criteria for approval and if it provided for fair and reasonable terms and conditions of employment.

The Commission examined the evidence and submissions from both parties, considering the legal framework governing employee agreements. It found that the agreement generally met the statutory requirements, although some minor amendments were necessary to ensure compliance. The Commission approved the agreement with modifications, concluding that the changes were in the interests of the employees and the employer and did not undermine the overall fairness of the agreement. The Court made specific orders for the implementation of the approved agreement, ensuring that the changes were reflected in the final document.

Amcor Packaging (Australia) Ltd T/A Amcor Beverage Cans Ballarat

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established