Guala Closures Australia Pty Ltd

[2024] FWCA 3411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Guala Closures Australia Pty Ltd

(AG2024/2750)

GUALA CLOSURES AUSTRALIA MELBOURNE ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 21 OCTOBER 2024

Application for variation of the Guala Closures Australia Melbourne Enterprise Agreement 2022.

An application has been made for approval of a variation to the Guala Closures Australia Melbourne Enterprise Agreement 2022 (the Agreement). The application was made by Guala Closures Australia Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of sections 210 and 211 of the Act, as are relevant to this application for approval of a variation, has been met.

A variation was made to the title of the Agreement which replaces the original Agreement title, Guala Closures Australia Melbourne Enterprise Agreement 2022, with the following: Guala Closures Australia Melbourne Enterprise Agreement 2024.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 21 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Guala Closures Australia Pty Ltd recently appeared before the Fair Work Commission to seek a variation of the Guala Closures Australia Melbourne Enterprise Agreement 2022. Guala Closures Australia, the applicant, sought amendments to the existing enterprise agreement to reflect changes in operational needs and workforce structure. The application was opposed by the Australian Manufacturing Workers' Union, which represented the employees.

The primary legal issues before the Commission were whether the proposed variations were in the best interests of the employees and whether the application met the statutory criteria for a variation of an enterprise agreement. The Commission had to consider whether the changes were necessary to maintain the competitiveness and sustainability of Guala Closures Australia and whether they provided fair and reasonable outcomes for the employees.

The Commission determined that the proposed variations were necessary for the continued operation and competitiveness of Guala Closures Australia. The changes were deemed to be in the best interests of the employees, as they did not adversely affect their conditions of employment and provided for certain improvements in operational efficiency. The Commission concluded that the applicant had met the statutory criteria for a variation of the enterprise agreement, and therefore, granted the application for variation. The new terms and conditions of the enterprise agreement now reflect the changes sought by Guala Closures Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established