Opal Packaging Australia Pty Ltd T/A Opal Paper & Recycling

[2024] FWCA 2657

[2024] FWCA 2657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opal Packaging Australia Pty Ltd T/A Opal Paper & Recycling

(AG2024/2298)

OPAL B9 WAREHOUSE ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 17 JULY 2024

Application for approval of the Opal B9 Warehouse Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Opal B9 Warehouse 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 Paper & Recycling. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.

1. The Construction, Forestry and Maritime Employees Union – Manufacturing Division 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.

1. The Agreement is approved and in accordance with s.54, will operate from 24 July 2024. The nominal expiry date of the Agreement is 16 July 2027.

COMMISSIONER

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