Opal Packaging Australia Pty Ltd Summary

[2023] FWCA 229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opal Packaging Australia Pty Ltd

(AG2022/5539)

OPAL FIBRE PACKAGING NATIONAL ENTERPRISE AGREEMENT 2022

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JANUARY 2023

Application for approval of the Opal Fibre Packaging National Enterprise Agreement 2022

Opal Packaging Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Opal Fibre Packaging National Enterprise Agreement 2022 (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) and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the AMWU and CEPU.

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 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opal Packaging Australia Pty Ltd sought approval of the Opal Fibre Packaging National Enterprise Agreement 2022 from the Fair Work Commission. The applicant argued the agreement complied with the Fair Work Act 2009 and provided a safety net for employees. The applicant's primary concern was whether the agreement provided for a minimum wage and conditions that met the legislative requirements. The Commission was required to determine whether the agreement satisfied the procedural and substantive requirements set out in the Fair Work Act 2009.

The court examined the procedural fairness of the agreement, including whether it was made in good faith, whether it was the product of direct bargaining between the parties, and whether the agreement was not the result of any form of coercion or pressure. The court also considered whether the agreement provided for a safety net of minimum wages and conditions that met the legislative requirements. The court noted that the agreement provided for a minimum wage increase that exceeded the applicable award rates and included provisions for additional benefits such as leave entitlements and penalty rates.

The Commission was satisfied that the agreement met all the necessary requirements for approval. The agreement was made in good faith, was the product of direct bargaining between the parties, and was not the result of any form of coercion or pressure. The agreement provided for a safety net of minimum wages and conditions that met the legislative requirements. The Commission approved the Opal Fibre Packaging National Enterprise Agreement 2022.

Opal Packaging Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established