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

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Opal Packaging Australia Pty Ltd, trading as Opal Paper & Recycling, applied for approval of the Opal B9 Warehouse Enterprise Agreement 2024. The dispute concerned the terms and conditions of employment for workers within the B9 warehouse operation. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and met the requirements for being a single, direct, and clear agreement. The application involved scrutiny of the agreement's provisions, ensuring they were fair, reasonable, and in line with the statutory obligations.

The key legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, if it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and whether it met the standards of procedural fairness. The Commission also had to assess if the agreement provided for a transparent and understandable framework for the employees' rights and obligations. The consideration of these issues was critical to determining whether the agreement could be approved and registered as a lawful enterprise agreement.

After reviewing the evidence and submissions presented by the parties, the Fair Work Commission found that the Opal B9 Warehouse Enterprise Agreement 2024 met all the necessary criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated and contained all the required minimum terms. The provisions were found to be fair and reasonable, and the agreement was deemed to be transparent and understandable for the employees. Consequently, the Commission approved the agreement and directed its registration.

The final orders of the Commission included the approval of the Opal B9 Warehouse Enterprise Agreement 2024, which was to be registered with the Fair Work Commission. The agreement was to come into effect from the date of registration, and the terms and conditions it contained were to apply to the relevant employees. This decision ensured that the workers had a legally binding enterprise agreement that protected their employment rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established