Opal Packaging Australia Pty Ltd T/A Opal Cartons
[2024] FWCA 3448
•2 OCTOBER 2024
| [2024] FWCA 3448 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Opal Packaging Australia Pty Ltd T/A Opal Cartons
(AG2024/3241)
| Graphic Arts | |
| COMMISSIONER THORNTON | ADELAIDE, 2 OCTOBER 2024 |
Application for approval of the Opal Cartons Regency Park Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Opal Cartons Regency Park Enterprise Agreement 2024 (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 T/A Opal Cartons (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Commission highlights that a pre-reform Award is incorporated into the Agreement. Clause 28.1 relating to annual leave accrual as well as the pre-reform Award’s provisions concerning termination of apprentices and the deduction/withholding of monies due to an employee on termination may be inconsistent with the National Employment Standards (NES). Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement, the terms of the incorporated pre-reform Award and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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 will operate in accordance with s.54 of the Act from 9 October 2024. The nominal expiry date of the Agreement is 26 August 2027.
COMMISSIONER
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