Opal Packaging Australia Pty Ltd T/A Opal Functional Coatings

Case •

[2023] FWCA 1152

•

21 APRIL 2023
[2023] FWCA 1152

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 Functional Coatings

(AG2023/956)

OPAL FUNCTIONAL COATINGS ENTERPRISE AGREEMENT 2022

Timber and paper products industry

DEPUTY PRESIDENT BOYCE

SYDNEY, 21 APRIL 2023

Application for approval of the Opal Functional Coatings Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement to be known as the Opal Functional Coatings Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Opal Packaging Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 20 April 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

  1. The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2023. The nominal expiry date of the Agreement is 31 July 2025.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519807  PR761314>

Annexure A

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