Amcor Packaging (Australia) Pty Ltd Summary

[2013] FWCA 7348

FAIR WORK COMMISSION

DECISION

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

Amcor Packaging (Australia) Pty Ltd
(AG2013/7669)

AMCOR FIBRE PACKAGING NATIONAL ENTERPRISE AGREEMENT 2013

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Amcor Fibre Packaging National Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Amcor Fibre Packaging National Enterprise Agreement 2013 (the ‘Agreement’). The application has been made pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) by Amcor Packaging (Australia) Pty Ltd (the ‘applicant’).

[2] I have considered the matters contained in the declaration made by Mr Christopher Zyner, Human Resources Manager, on behalf of the employer and those of Ms Lorraine Cassin of the Australian Manufacturing Workers’ Union and Mr Peter Tighe of the Communications Electrical Electronic Energy Information Postal Plumbing & Allied Services Union Branch of Australia, Electrical Division (collectively the ‘Unions’).

[3] I am satisfied that each of the requirements of ss 186 and 187 of the Act, as are relevant to this application for approval, have been met.

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that the Unions are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 October 2013 and have a nominal expiry date of 30 September 2016.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Amcor Packaging (Australia) Pty Ltd recently sought approval of the Amcor Fibre Packaging National Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved employees within the company who were party to the proposed agreement, which aimed to set out their terms and conditions of employment. The Fair Work Commission, as the body responsible for resolving workplace disputes and regulating enterprise agreements, was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009, including whether it had been made without the influence of coercion or undue influence, and whether it provided for a fair and efficient workplace. Additionally, the Commission had to consider whether the agreement satisfied the better off overall test, ensuring that the employees were not worse off in terms of their existing conditions of employment.

In its decision, the Commission found that the agreement had been made without coercion or undue influence and that it provided for a fair and efficient workplace. The Commission also determined that the agreement met the better off overall test, as it provided for a number of improvements to the employees' conditions of employment. The Commission approved the Amcor Fibre Packaging National Enterprise Agreement 2013, allowing it to come into effect and govern the terms and conditions of employment for the relevant employees.

Amcor Packaging (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established