Orora Limited T/A Orora Closures Systems Summary

[2014] FWCA 1375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Limited T/A Orora Closures Systems
(AG2014/298)

ORORA CLOSURE SYSTEMS LAVERTON NORTH DECORATION DEPARTMENT ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 25 FEBRUARY 2014

Application for approval of the Orora Closure Systems Laverton North Decoration Department Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Orora Closure Systems Laverton North Decoration Department Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orora Limited T/A Orora Closures Systems. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in respect to Annual Leave for shiftworkers and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] An undertaking has been given in respect to clause 10 Wages and is taken to be a term of the Agreement. This undertaking is to be kept confidential and has not been annexed to this Decision nor attached to the Agreement for publication to the Fair Work Commission website.

[4] Subject to the undertakings referred to above, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement was approved in Chambers on 25 February 2014 and, in accordance with s.54 of the Act, will operate from 4 March 2014. The nominal expiry date of the Agreement is 3 September 2014.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Limited T/A Orora Closures Systems sought approval of the Orora Closure Systems Laverton North Decoration Department Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 for registration. The agreement was a proposed new enterprise agreement, intended to govern the employment conditions of employees within the Laverton North Decoration Department of Orora Closures Systems.

The legal issues before the Commission were whether the agreement provided for fair and reasonable minimum terms and conditions for employees, and whether it had been genuinely agreed upon by the parties. These questions required an examination of the negotiation process, the terms of the agreement, and whether it complied with the provisions of the Act, including the 'better off overall test'. The Commission needed to ensure that the agreement was not only fair but also met the criteria for approval as per the statutory framework.

In its reasoning, the Commission examined the negotiation process and the contents of the agreement. The Commission found that the agreement had been genuinely negotiated between Orora Closures Systems and the union, and that it provided for fair and reasonable terms and conditions for employees. The Commission also concluded that the agreement met the 'better off overall test', meaning that the employees would not be worse off under the new agreement compared to their previous conditions. Consequently, the Commission approved the agreement and registered it under the Fair Work Act 2009.

The Fair Work Commission approved the Orora Closure Systems Laverton North Decoration Department Enterprise Agreement 2014 and registered it on the terms and conditions outlined in the agreement. The decision confirmed that the agreement was fairly negotiated, provided for fair and reasonable terms and conditions, and met the statutory requirements for approval.

Orora Limited T/A Orora Closures Systems

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established