DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Opal Packaging Australia Pty Ltd T/A Opal Bag Solutions
(AG2020/3194)

OPAL BAG SOLUTIONS THOMASTOWN ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 13 NOVEMBER 2020

Application for approval of the Opal Bag Solutions Thomastown Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Opal Bag Solutions Thomastown Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Opal Packaging Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Opal Packaging Australia Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] I note there is a National Employment Standards (NES) precedence clause at Clause 4(d) of the Agreement to the effect that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair WorkRegulations 2009 is taken to be a term of the Agreement.

[5] 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 have been met.

[6] 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, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the AMWU, I note that the Agreement covers the AMWU.

[7] The Agreement was approved on 13 November 2020 and, in accordance with s.54, will operate from 20 November 2020. The nominal expiry date of the Agreement is 20 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Opal Packaging Australia Pty Ltd, trading as Opal Bag Solutions, for the approval of the Opal Bag Solutions Thomastown Enterprise Agreement 2020. The application involved various provisions related to employment conditions, including hours of work, wage rates, and dispute resolution mechanisms. The primary parties involved were the employer, Opal Packaging Australia Pty Ltd, and the employees who were covered by the proposed agreement.

The central legal issues before the Commission were whether the provisions of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and if the agreement met the requirements for employee protection and fairness. Specifically, the Commission needed to assess whether the agreement provided adequate safeguards for employees and whether it was made in good faith and without coercion. The dispute also involved examining whether the agreement included appropriate mechanisms for resolving disputes and whether the process for its negotiation and approval was fair and transparent.

The Fair Work Commission found that the Opal Bag Solutions Thomastown Enterprise Agreement 2020 complied with the relevant provisions of the Fair Work Act. The Commission determined that the agreement provided sufficient protections for the employees and that the negotiation process was conducted in good faith. The Commission also noted that the agreement included appropriate mechanisms for resolving disputes, and the process for its approval was fair and transparent. Consequently, the Commission approved the agreement, allowing it to come into effect and bind both the employer and the employees.

The Fair Work Commission's final order was the approval of the Opal Bag Solutions Thomastown Enterprise Agreement 2020, effective from the date of the Commission's decision. This approval signified that the agreement would govern the employment conditions of the employees covered by it, subject to the terms and conditions outlined in the approved document.

Opal Packaging Australia Pty Ltd T/A Opal Bag Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established