Opal Packaging Australia Pty Ltd T/A Opal Cartons Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opal Packaging Australia Pty Ltd, trading as Opal Cartons, sought approval of the Opal Cartons Botany Enterprise Agreement 2024. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred on the fairness and validity of the terms within the proposed enterprise agreement and whether it complied with the legislative standards for minimum entitlements.

The primary legal issue before the Commission was whether the agreement provided for minimum entitlements as stipulated under the Fair Work Act. This included assessing whether the agreement contained all the prescribed minimum terms and conditions and whether it adhered to procedural fairness. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it provided for proper dispute resolution mechanisms.

The Commission found that the Opal Cartons Botany Enterprise Agreement 2024 did indeed meet the requirements set out in the Fair Work Act. It contained all the prescribed minimum terms, provided for appropriate dispute resolution mechanisms, and was the product of genuine negotiations between the employer and the employees. The Commission was satisfied that the agreement was fair and met the necessary legislative standards. Consequently, the Fair Work Commission approved the agreement.

Opal Packaging Australia Pty Ltd T/A Opal Cartons

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established