Opal Packaging Australia Pty Ltd T/A Opal Cartons Summary

[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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CaseChat Overview and Summary

The Fair Work Commission heard an application by Opal Packaging Australia Pty Ltd, trading as Opal Cartons, for the approval of the Opal Cartons Regency Park Enterprise Agreement 2024. This application was made under section 185 of the Fair Work Act 2009. The Agreement in question is a single-enterprise agreement, and the application was made to ensure it met the necessary legislative requirements for approval. The Australian Manufacturing Workers’ Union also expressed its intention for the Agreement to cover its members, as per section 201(2) of the Act.

The Commission was required to determine whether the Agreement met the requirements set out in sections 186, 187, 188, and 190 of the Act. The Commission found that these requirements had been satisfied. However, the Commission noted that the Agreement incorporates a pre-reform Award, which includes provisions on annual leave accrual, termination of apprentices, and deductions/withholding of monies due to an employee on termination. These provisions may be inconsistent with the National Employment Standards (NES). The Commission was satisfied that clause 5.1 of the Agreement ensures that the more beneficial entitlements of the NES will prevail where there is any inconsistency between the Agreement, the incorporated Award, and the NES.

Following its deliberations, the Commission approved the Opal Cartons Regency Park Enterprise Agreement 2024, determining that it complies with the relevant sections of the Fair Work Act. The Agreement will be effective from 9 October 2024, with a nominal expiry date of 26 August 2027. The Agreement will now cover the members of the Australian Manufacturing Workers’ Union, as per their statutory declaration under section 183 of the Act.

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