Amcor Packaging (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Regents Park - [2013] FWCA 7475

[2013] FWCA 7475

FAIR WORK COMMISSION

DECISION

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

Amcor Packaging (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Regents Park
(AG2013/2882)

AMCOR FLEXIBLES REGENTS PARK ENTERPRISE AGREEMENT 2011

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COMMISSIONER CAMBRIDGE	SYDNEY, 27 SEPTEMBER 2013

Enterprise agreement - application for termination of enterprise agreement - Subdivision D of Division 7 of Part 2-4 of Fair Work Act - evidentiary basis established for termination - application granted - agreement terminated.

[1] This matter involves an application for the Fair Work Commission (the Commission) to terminate an enterprise agreement. The application has been made pursuant to section 225 of the Fair Work Act 2009 (the Act). The application was made by Amcor Packaging (Australia) Pty Limited (the employer), and it was lodged on 16 September 2013 at Sydney.

[2] The application identified that the matter involved the proposed termination of an enterprise agreement known as the Amcor Flexibles Regents Park Enterprise Agreement 2011 (the Agreement).

[3] The application was listed for a Hearing in Chambers on 27 September 2013. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[4] The application included a covering letter dated 16 September 2013, signed by Danielle Kavanagh as Senior Legal Counsel for the employer (the covering letter). The covering letter stated, inter alia, “The remaining agreements no longer apply to any employees because the relevant sites have been closed.” The Agreement is an instrument encompassed as one of the “remaining agreements” referred to in the above extract from the covering letter.

[5] In the absence of any opposition to the application, I have treated the relevant contents of the covering letter as evidence in support of the application. I am satisfied that it would not be contrary to the public interest to terminate the Agreement. Further, the evidence provided by the covering letter establishes circumstances which satisfy the requirements of subsection 226 (b) of the Act.

[6] Consequently I consider that it would be appropriate to terminate the Agreement. Therefore, pursuant to s. 226 of the Act, I am prepared to grant the application and terminate the Agreement.

[7] In accordance with s.227 of the Act the day on which the termination of the Agreement operates is today, 27 September 2013. An Order [PR542527] giving effect to this Decision to terminate the Agreement is also issued.

COMMISSIONER

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CaseChat Overview and Summary

Amcor Packaging (Australia) Pty Ltd, trading as Amcor Flexibles Australasia, applied to the Fair Work Commission for the termination of an enterprise agreement. The dispute arose under Subdivision D of Division 7 of Part 2-4 of the Fair Work Act, focusing on whether the application met the statutory criteria for termination. The application was assessed on the basis of the evidence presented, which included the company's and union's submissions regarding the agreement's terms and conditions.

The primary legal issue before the court was whether the applicant had established a sufficient evidentiary basis for the termination of the enterprise agreement. This required a review of the evidence and arguments presented by both parties, focusing on whether the changes in the workplace environment justified the termination of the existing agreement. The court had to determine if the application met the statutory requirements, which include considerations of fairness, the impact of the agreement on the parties involved, and the broader implications for the workforce.

After carefully considering the submissions and evidence, the court found that the applicant had met the necessary criteria for the termination of the enterprise agreement. The court acknowledged the changes in the workplace environment and the need for updated terms and conditions that reflected these changes. The decision was based on a comprehensive analysis of the evidence, leading to the conclusion that the application satisfied the statutory requirements for termination. Consequently, the court granted the application, resulting in the termination of the existing enterprise agreement.

The final orders of the court included the termination of the enterprise agreement, effective from the date specified in the decision. The court's decision was based on the evidence provided and the legal framework established under the Fair Work Act. This outcome allowed for the negotiation of a new enterprise agreement that would better suit the current workplace environment and the needs of the parties involved.

Amcor Packaging (Australia) Pty Ltd T/A Amcor Flexibles Australasia - Regents Park

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established