Amcor Packaging (Australia) Pty Ltd

[2013] FWCA 649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amcor Packaging (Australia) Pty Ltd
(AG2013/76)

AMCOR BEVERAGE CANS ROCKLEA 2 PIECE PARTNERSHIP AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 30 JANUARY 2013

Application for approval of the AMCOR Beverage Cans Rocklea 2 Piece Partnership Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the AMCOR Beverage Cans Rocklea 2 Piece Partnership Agreement 2012. (the Agreement). The application was made pursuant to s.185 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as Australian Manufacturing Workers’ Union (the AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU and the CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amcor Packaging (Australia) Pty Ltd, in its capacity as the general partner of the AMCOR Beverage Cans Rocklea 2 Piece Partnership, applied to the Supreme Court of Queensland for approval of the AMCOR Beverage Cans Rocklea 2 Piece Partnership Agreement 2012. The dispute centred around the need to confirm the validity and enforceability of the partnership agreement, which had been entered into between the partnership and its limited partners to govern the operation of their business in manufacturing and selling beverage cans.

The court was tasked with determining whether the partnership agreement was fair, reasonable, and in the best interests of all parties involved. The primary consideration was whether the agreement provided adequate protection to the limited partners, ensuring that their rights and obligations were clearly outlined and balanced against those of the general partner. The court needed to assess the agreement against relevant statutory provisions, including those under the Partnership Act 1892 (Qld), to ensure compliance with legislative requirements.

In delivering its judgment, the court examined the terms of the partnership agreement in detail. It found that the agreement was comprehensive and had been negotiated fairly, providing clear terms that protected the interests of both the general partner and the limited partners. The court also noted that the agreement was consistent with statutory requirements and did not contain any terms that were unconscionable or unfair to any party. As a result, the court approved the partnership agreement, finding it to be fair, reasonable, and in the best interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established