Amcor Packaging (Australia) Pty Ltd

[2013] FWCA 5309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Packaging (Australia) Pty Ltd
(AG2013/1664)

AMCOR CARTONS BOTANY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 AUGUST 2013

Application for the approval of the Amcor Cartons Botany Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Amcor Cartons Botany Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Amcor Packaging (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 19 June 2013 a confidential undertaking was provided which is part of the file.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 August 2013. The nominal expiry date of the Agreement is 31 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Amcor Packaging (Australia) Pty Ltd, sought approval of the Amcor Cartons Botany Enterprise Agreement 2013. The dispute centred on whether the agreement met the necessary criteria for registration under the Fair Work Act 2009. The application was heard and determined by Commissioner Kelly.

The legal issues before the court involved verifying that the agreement had been fairly negotiated and met the requirements of the Fair Work Act, including provisions for employee representation, dispute resolution, and the overall fairness of the terms. Key points of contention included whether the agreement adequately represented the interests of the employees and whether it complied with the statutory provisions governing enterprise agreements.

The Commission examined the negotiation process and the content of the agreement in detail. It found that the agreement was the result of genuine negotiations between the parties and contained all the required provisions as stipulated by the Fair Work Act. The Commission also considered submissions from various stakeholders and evaluated the fairness of the agreement in light of these inputs. Ultimately, the Commission concluded that the agreement was appropriately negotiated and met all statutory requirements, thereby approving its registration.

The final orders included the approval of the Amcor Cartons Botany Enterprise Agreement 2013, subject to its registration with the Fair Work Commission. This decision affirmed the validity of the agreement and its compliance with the legislative framework governing enterprise agreements in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established