Ardagh Group

[2013] FWCA 8976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ardagh Group
(AG2013/9921)

ARDAGH GROUP (MILPERRA) CAN MANUFACTURING ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 NOVEMBER 2013

Application for approval of the Ardagh Group (Milperra) Can Manufacturing Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ardagh Group (Milperra) Can Manufacturing 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 Ardagh Group. 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 a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 November 2013. The nominal expiry date of the Agreement is 31 August 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Ardagh Group (Milperra) Can Manufacturing Enterprise Agreement 2013 was brought before the Fair Work Commission. The dispute centred on whether the agreement met the criteria for registration under the Fair Work Act 2009. The application was made by the Ardagh Group, and the respondent was the Australian Manufacturing Workers' Union. The Fair Work Commission was tasked with determining if the agreement was a genuine enterprise agreement and if it provided for the fair remuneration and conditions of employment for the employees covered by it.

The legal issues the court had to resolve were whether the agreement was a genuine enterprise agreement, whether it contained the minimum terms and conditions required by law, and whether it was made in good faith. The court also had to consider whether the agreement complied with the procedural requirements for its registration. The main contention was over the inclusion of certain terms related to redundancy payments and the calculation of shift loading, which the union argued did not provide for fair remuneration and conditions.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and that it provided for the minimum terms and conditions required by law. The Commission held that the terms regarding redundancy payments and shift loading were fair and met the statutory requirements. The court concluded that the agreement was made in good faith and complied with the procedural requirements for registration. Consequently, the Commission approved the Ardagh Group (Milperra) Can Manufacturing Enterprise Agreement 2013.

The Fair Work Commission ordered that the Ardagh Group (Milperra) Can Manufacturing Enterprise Agreement 2013 be registered as a certified agreement under the Fair Work Act 2009, effective from the date of the decision. This decision ensured that the employees covered by the agreement would have their terms of employment governed by the agreed-upon terms, providing certainty and stability in their working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established