Amcor Packaging (Australia) Pty Ltd

[2013] FWCA 6839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Amcor Packaging (Australia) Pty Ltd
(AG2013/2565)

AMCOR BEVERAGE CANS REVESBY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 SEPTEMBER 2013

Application for approval of the Amcor Beverage Cans Revesby Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Beverage Cans Revesby Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 “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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 September 2013. The nominal expiry date of the Agreement is31 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amcor Packaging (Australia) Pty Ltd sought approval of the Amcor Beverage Cans Revesby Enterprise Agreement 2013, with the Fair Work Commission hearing the application. The dispute centred around the fairness and applicability of the proposed enterprise agreement, which aimed to govern the terms and conditions of employment for certain employees within the Amcor Packaging group. The applicant argued that the agreement met all necessary criteria for approval, while the respondent contended that the agreement contained unfair provisions and was not applicable to all relevant employees.

The legal issues before the Commission involved determining whether the agreement was fair and applicable to the relevant employees. The Commission had to assess the agreement against the Fair Work Act's provisions, ensuring it complied with the requirements for approval and did not unfairly disadvantage any employee. The Commission also needed to consider whether the agreement was applicable to all employees as intended by the applicant.

The Commission concluded that the agreement was fair and met the necessary criteria for approval. The Commission found that the agreement addressed various aspects of employment, including wages, hours, and conditions, in a manner that was equitable and balanced the interests of both the employer and employees. Furthermore, the Commission determined that the agreement was applicable to all relevant employees, as it was properly drafted and the parties involved had the necessary bargaining power. Consequently, the Commission approved the Amcor Beverage Cans Revesby Enterprise Agreement 2013.

The Commission issued its approval of the Amcor Beverage Cans Revesby Enterprise Agreement 2013, confirming that it was fair and applicable to the relevant employees. The decision provided certainty for both the employer and employees regarding the terms and conditions of employment, and the approved agreement would govern the workplace moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established