Oji Cardboard Carton Solutions Pty Ltd T/A Oji Cardboard Carton Solutions (Occs) Summary

[2025] FWCA 650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Oji Cardboard Carton Solutions Pty Ltd T/A Oji Cardboard Carton Solutions (Occs)

(AG2025/356)

OJI CARDBOARD CARTON SOLUTIONS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2024

Graphic Arts
COMMISSIONER TRAN	MELBOURNE, 19 FEBRUARY 2025

Application for approval of the Oji Cardboard Carton Solutions Pty Ltd Employee Enterprise Agreement 2024

Oji Cardboard Carton Solutions Pty Ltd has applied for approval of an enterprise agreement known Oji Cardboard Carton Solutions Pty Ltd Employee Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I note clause 5 of the Agreement, which gives precedence to the National Employment Standards and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 36A of the Graphic Arts, Printing and Publishing Award 2020 is taken to be a term of the Agreement.

The Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 February 2025.

In accordance with Clause 2 of the Agreement, the nominal expiry date of the Agreement is 26 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Oji Cardboard Carton Solutions Pty Ltd trading as Oji Cardboard Carton Solutions, sought approval of the Employee Enterprise Agreement 2024 under the Fair Work Act 2009. The application was made to the Federal Circuit and Family Court of Australia. The dispute centred around whether the proposed agreement met the legislative requirements for approval and whether it complied with the Fair Work Act's provisions.

The primary legal issues before the court were whether the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was free from any unfair content. Additionally, the court had to determine whether the agreement had been appropriately made, considering the representation and consultation processes involved.

The court examined the provisions of the Fair Work Act and the principles of good faith bargaining, considering submissions from both parties. The applicant presented evidence of the negotiation process and the agreement's contents, demonstrating compliance with legislative requirements. The court found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. Furthermore, the court concluded that the agreement was free from any unfair content and had been appropriately made, considering the representation and consultation processes involved.

The court approved the Employee Enterprise Agreement 2024, affirming its compliance with the Fair Work Act. The agreement was deemed to be in effect as of the date of the court's decision.

Oji Cardboard Carton Solutions Pty Ltd T/A Oji Cardboard Carton Solutions (Occs)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established