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

[2022] FWCA 3510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4123)

Opal Paper Botany – B9 Machine – Enterprise Agreement 2022

Timber and paper products industry
DEPUTY PRESIDENT DOBSON	SYDNEY, 10 OCTOBER 2022

Application for approval of the Opal Paper Botany – B9 Machine – Enterprise Agreement 2022.

Opal Packaging Australia Pty Ltd T/A Opal Paper & Recycling (the Employer) has made an application for the approval of the Opal Paper Botany – B9 Machine – Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that Clause 14.2(c) – Work arrangements and Clause 28(d)(i) – Annualised salary Arrangement are potentially inconsistent with the National Employment Standards (NES). Noting the NES Precedence clause at 5(d), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and 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 CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opal Packaging Australia Pty Ltd, trading as Opal Paper & Recycling, sought approval of an enterprise agreement with its employees, as required by the Fair Work Act 2009. The application was heard in the Fair Work Commission, where the parties presented their arguments and evidence regarding the agreement's fairness and compliance with the relevant statutory criteria.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for being "better off overall" for the employees and whether it contained all the mandatory terms required by the Fair Work Act. The Commission had to assess the evidence presented by both parties, including the terms of the agreement, the impact on employees' conditions, and any submissions regarding the agreement's fairness and compliance with the Act.

The Fair Work Commission found that the proposed agreement was fair and complied with all the statutory requirements of the Fair Work Act. The Commission determined that the agreement provided employees with improved conditions, including wage increases, improved leave entitlements, and better working conditions. The Commission was satisfied that the agreement met the "better off overall" test and contained all the mandatory terms required by the Act. Consequently, the Commission approved the Opal Paper Botany – B9 Machine – Enterprise Agreement 2022.

The Fair Work Commission's decision was based on a thorough analysis of the evidence presented and a detailed examination of the agreement's terms. The Commission concluded that the agreement was fair and in compliance with the Fair Work Act, and it granted approval for the Opal Paper Botany – B9 Machine – Enterprise Agreement 2022 to come into effect.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established