Australian Multiwall Bag Co Pty Ltd

[2025] FWCA 2667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Multiwall Bag Co Pty Ltd

(AG2025/980)

AUSTRALIAN MULTIWALL BAG COMPANY PTY LTD & AMWU WORKPLACE AGREEMENT 2025

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COMMISSIONER MIRABELLA	MELBOURNE, 11 AUGUST 2025

Application for approval of the Australian Multiwall Bag Company Pty Ltd & AMWU Workplace Agreement 2025

An application has been made for the approval of an enterprise agreement known as the Australian Multiwall Bag Company Pty Ltd & AMWU Workplace Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Australian Multiwall Bag Co Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer has made an application pursuant to s.218A of the Act to correct typographical errors in the Agreement, in that all references throughout the Agreement to other clauses in the Agreement appear to be incorrect. The variations sought by the Employer are in relation to obvious errors. The proposed variations do not disturb any of my findings in relation to the approval of the Agreement and the employees will not be disadvantaged by the proposed variations. In the circumstances, it is appropriate to vary the Agreement pursuant to s.218A(2)(b)(i) in the terms sought by the Employer.

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

Clause 21.2 – Personal Leave
Clause 22 – Compassionate Leave
Clause 34.4 – Family and Domestic Violence Leave
Clause 17 – Termination
Parental Leave Provisions incorparted from the pre-reform Award
Public Holiday Provisions incorporated from the pre-reform Award

The Agreement contains a NES precedence clause in clause 7. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Annexure A of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Manufacturing Workers Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Australian Multiwall Bag Company Pty Ltd applied for approval of a workplace agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which claimed that the agreement did not meet the requirements of the Act. The matter was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed workplace agreement met the requirements of the Fair Work Act, particularly in relation to the process by which the agreement was negotiated and the representation of the employees.

The Commission found that the process of negotiating the agreement was fair and transparent, and that the agreement itself was not contrary to public policy. The Commission also noted that the union had not provided evidence that the agreement was not in the best interests of the employees. The Commission held that the agreement was valid and should be approved. The Commission further found that the union had not demonstrated that the agreement was not fairly and properly negotiated, and that the agreement was not contrary to public policy.

The Commission approved the Australian Multiwall Bag Company Pty Ltd & AMWU Workplace Agreement 2025, finding that it met the requirements of the Fair Work Act. The union's opposition to the agreement was dismissed, and the agreement was approved. The Commission found that the agreement was fairly and properly negotiated and was not contrary to public policy. The agreement was approved as a registered agreement under the Fair Work Act.

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