Opal Packaging Australia Pty Ltd Trading AS Opal Paper & Recycling

[2025] FWCA 3234

[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

1. 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

1. 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

1. 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). 

1. 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

1. 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

1. 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.

1. In accordance with s.201(2), I note that the Agreement covers the CFMEU.

Approval

1. 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

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