Graphic Packaging International Australia Converting Ltd
[2024] FWCA 4504
•19 DECEMBER 2024
| [2024] FWCA 4504 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Graphic Packaging International Australia Converting Ltd
(AG2024/4223)
GRAPHIC PACKAGING INTERNATIONAL AUSTRALIA CONVERTING LTD (BRAESIDE) WORKPLACE AGREEMENT 2024
| Graphic Arts | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 19 DECEMBER 2024 |
Application for approval of the Graphic Packaging International Australia Converting Ltd (Braeside) Workplace Agreement 2024
An application has been made for approval of an enterprise agreement known as the Graphic Packaging International Australia Converting Ltd (Braeside) Workplace Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Graphic Packaging International Australia Converting Ltd (Employer). The Agreement is a single enterprise agreement.
The Agreement does not contain a flexibility term compliant with the Act. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:
The entitlement to compassionate leave provided by clause 25 does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s 105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s 105(1)(c) of the Act.
The Agreement appears to be silent in relation to parental leave entitlements. As the Graphic Arts – General – Award 2000 [AP782505] (pre-reform award) is incorporated, it appears the parental leave entitlements in the pre-reform award are also incorporated. The pre-reform award contains some less beneficial entitlements than the NES (such as for concurrent leave).
The Agreement appears to be silent in relation to public holidays. As the pre-reform award is incorporated, it appears the public holiday entitlements in the pre-reform award are also incorporated. Clause 7.5.6(a) of the pre-reform award states where an employee is absent from the employee’s employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee will not be entitled to payment for such holiday. This appears to be less beneficial than the NES.
Clause 4.2.1(e)(ii) of the pre-reform award purports to exclude apprentices from receiving notice of termination.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 26 December 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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