DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opal Packaging Australia Pty Ltd T/A Opal Cartons
(AG2021/4103)

OPAL CARTONS BOTANY ENTERPRISE AGREEMENT 2021

Graphic Arts
COMMISSIONER JOHNS	SYDNEY, 17 MARCH 2021

Application for approval of the Opal Cartons Botany Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Opal Cartons Botany Enterprise Agreement 2021 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2021. The nominal expiry date of the Agreement is 16 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opal Packaging Australia Pty Ltd, trading as Opal Cartons, applied to the Fair Work Commission for approval of the Opal Cartons Botany Enterprise Agreement 2021. The respondents to the application included various unions and employee representatives. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, including issues related to wages, working hours, and employee entitlements. The matter was heard by the Fair Work Commission, which is responsible for overseeing the registration and operation of enterprise agreements in Australia.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion. Specifically, the Commission needed to determine if the agreement adequately covered the required minimum terms and conditions, if it allowed for proper consultation with employees, and if it was fair and reasonable in all its aspects. Additionally, the Commission examined whether any provisions in the agreement unfairly disadvantaged any group of employees.

The Fair Work Commission found that the proposed agreement largely complied with the requirements of the Fair Work Act. The Commission noted that the agreement contained all the mandated minimum terms and conditions, and that the process for its creation involved genuine consultation with employee representatives. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the nature of the business and the bargaining power of the parties. As such, the Commission approved the Opal Cartons Botany Enterprise Agreement 2021.

The Fair Work Commission's decision to approve the Opal Cartons Botany Enterprise Agreement 2021 was based on its finding that the agreement met all legal requirements and was made in good faith. The Commission concluded that the agreement was fair and reasonable, and thus, it granted approval for its implementation. This decision ensures that the terms and conditions of employment for the employees of Opal Cartons are legally recognised and protected.

Opal Packaging Australia Pty Ltd T/A Opal Cartons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established