| [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
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
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
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
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.
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 28 April 2023. The nominal expiry date of the Agreement is 31 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Opal Packaging Australia Pty Ltd T/A Opal Functional Coatings [2023] FWCA 1152
- Case
- [2023] FWCA 1152
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved assessing the fairness and compliance of the agreement. This included evaluating whether the agreement provided for the protection of employees' rights and entitlements, and if it met the procedural requirements set out in the Fair Work Act. The Commission had to determine if the agreement was free from any unfair provisions and if the process by which the agreement was made complied with the necessary standards. Additionally, the Commission examined whether the agreement was genuinely negotiated and not the result of coercion or duress.
The Fair Work Commission carefully reviewed the evidence and submissions provided by the parties. It found that the Opal Functional Coatings Enterprise Agreement 2022 was fair and compliant with the requirements of the Fair Work Act. The Commission concluded that the agreement adequately protected the rights and entitlements of employees and was genuinely negotiated. As a result, the application for approval was successful. The Opal Functional Coatings Enterprise Agreement 2022 was approved and registered with the Fair Work Commission, becoming a binding enterprise agreement between Opal Packaging Australia Pty Ltd and its employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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