Opal Packaging Australia Pty Ltd T/A Opal Cartons
[2024] FWCA 876
•12 MARCH 2024
| [2024] FWCA 876 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Opal Packaging Australia Pty Ltd T/A Opal Cartons
(AG2024/406)
OPAL CARTONS BOTANY ENTERPRISE AGREEMENT 2024
| Graphic Arts | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 12 MARCH 2024 |
Application for approval of the Opal Cartons Botany Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Opal Cartons Botany 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 Agreement is a single enterprise agreement.
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.
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) I note that the Agreement covers the organisation. The AMWU support approval of the Agreement.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Appendix G - Maximum Weekly Hours.
However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2024. The nominal expiry date of the Agreement is 23 March 2027.
DEPUTY PRESIDENT
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