Opal Packaging Australia Pty Ltd Trading AS Opal Paper & Recycling

[2025] FWCA 3234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Opal Packaging Australia Pty Ltd Trading AS Opal Paper & Recycling

(AG2025/3120)

OPAL PAPER BOTANY – B9 MACHINE – ENTERPRISE AGREEMENT 2025

Timber and paper products industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 23 SEPTEMBER 2025

Application for approval of the Opal Paper Botany – B9 Machine – Enterprise Agreement 2025

Introduction

Opal Packaging Australia Pty Ltd trading as Opal Paper & Recycling (the Employer) has made an application for approval of an enterprise agreement known as the Opal Paper Botany – B9 Machine – Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 January 2025 and the Agreement was made on 29 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

National Employment Standards (NES) Precedence Term

Clause 14.2(c)(i) and clause 28(d)(i) of the Agreement make reference to “ordinary hours: an average of 42 hours per week over a 12 month period,” and “42 ordinary hours per week.” This may be inconsistent with the National Employment Standards (NES).

I note that in accordance with the NES precedence term in Clause 5(d) of the Agreement, this clause will be read and interpreted in conjunction with the NES. I am satisfied that the more beneficial entitlements of the NES will prevail where there is inconsistency between the Agreement and the NES.

Section 186, 187 and 188

Having had regard to the Statement of Principles on Genuine 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.

Section 183 Bargaining Representatives

The Construction, Forestry and Maritime Employees Union (CFMEU) 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 CFMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Opal Packaging Australia Pty Ltd Trading as Opal Paper & Recycling applied to the Fair Work Commission for approval of an enterprise agreement. The proposed agreement, the Opal Paper Botany – B9 Machine – Enterprise Agreement 2025, was to govern the terms and conditions of employment for employees at the Botany site, with the exception of those employees covered by other existing agreements. The application was made under the Fair Work Act 2009, and the dispute arose as the company sought to ensure that the agreement would be fair and appropriate for the workforce.

The primary legal issue before the Commission was whether the proposed agreement met the 'better off overall test' as stipulated by the Fair Work Act. This test required the Commission to determine whether the agreement would provide employees with a total package of pay and conditions that is no worse than what they would have received under the applicable award or general employment conditions. The Commission had to consider the specific provisions of the agreement, including wages, hours of work, leave entitlements, and other conditions, to ascertain if they provided employees with a fair and reasonable outcome.

In assessing the agreement, the Commission examined the evidence provided by the parties and the relevant awards and regulations. The Commission concluded that the proposed agreement met the requirements of the better off overall test. It found that the agreement provided employees with improved terms and conditions, including higher wages, better leave provisions, and enhanced redundancy entitlements, compared to the applicable award. The Commission was satisfied that the agreement was fair and appropriate for the workforce, and thus approved the agreement.

The Fair Work Commission approved the Opal Paper Botany – B9 Machine – Enterprise Agreement 2025, effective from the date of the decision. The agreement is to apply to the employees at the Botany site, excluding those covered by other existing agreements. The approval ensures that the employees will benefit from the improved terms and conditions outlined in the agreement, providing them with a fair and reasonable package of pay and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established