Opal Packaging Australia Pty Ltd

[2023] FWCA 230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opal Packaging Australia Pty Ltd

(AG2022/5535)

OPAL CARTONS HEIDELBERG ENTERPRISE AGREEMENT 2023

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JANUARY 2023

Application for approval of the Opal Cartons Heidelberg Enterprise Agreement 2023

Opal Packaging Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Opal Cartons Heidelberg Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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. As required by s 201(2), I note that the Agreement covers the AMWU.

The Agreement was approved on 23 January 2023 and, in accordance with s 54, it will operate from 30 January 2023. The nominal expiry date of the Agreement is 30 January 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opal Packaging Australia Pty Ltd sought approval of the Opal Cartons Heidelberg Enterprise Agreement 2023 from the Fair Work Commission. The applicant, a company in the packaging industry, was represented by its legal counsel, who argued that the agreement was fair and reasonable. The respondent, represented by a union, raised objections to certain clauses within the agreement, specifically focusing on remuneration, working conditions, and dispute resolution mechanisms.

The legal issues before the court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was free from coercion and undue influence, provided for procedural fairness, and contained terms and conditions that were fair and reasonable. The court was also tasked with determining whether the agreement met the “better off overall test” and was in line with the national minimum standards of employment.

The court carefully examined the terms of the agreement, considering the submissions from both parties. The Fair Work Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The court concluded that the agreement met the statutory requirements for approval, including the better off overall test. The court emphasised the importance of procedural fairness and the need for the agreement to provide for just terms and conditions of employment. The court also highlighted the importance of the agreement being free from coercion and undue influence.

The final orders of the court were that the Opal Cartons Heidelberg Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the terms and conditions of employment outlined in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established