Orora Limited T/As Orora Closure Systems

[2015] FWCA 4874

[2015] FWCA 4874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Orora Limited T/As Orora Closure Systems
(AG2015/3093)

AMCOR CLOSURE SYSTEMS LAVERTON NORTH - COIL AND MAINTENANCE DEPARTMENTS - ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 JULY 2015

Application for termination of the Amcor Closure Systems Laverton North - Coil and Maintenance Departments - Enterprise Agreement 2012.

[1] On 19 June 2015 Orora Limited T/As Orora Closure Systems (the employer) lodged an application pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the Amcor Closure Systems Laverton North - Coil and Maintenance Departments - Enterprise Agreement 2012 (the Agreement).

[2] The Agreement is an enterprise agreement and its nominal expiry date was 30 April 2015.

[3] The relevant provisions of the Act are as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to FWA for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

226 When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.


227 When termination comes into operation

If an enterprise agreement is terminated under s.226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are organisations which are covered by the Agreement. Correspondence was received from the AMWU on 19 June 2015 and from the CEPU on 16 July 2015 advising that they did not oppose the termination of the Agreement.

[5] Based on the material contained in the employer’s declaration filed with the application, I am satisfied that termination of the agreement is not contrary to the public interest. Taking into account all of the circumstances including those in ss.226(b)(i) and (ii) of the Act, I consider that it is appropriate to terminate the Agreement. There is nothing before me which raises public interest considerations which might militate against the termination of the Agreement and as stated in the employer’s declaration the Agreement does not cover nor apply to any employee of Orora Limited T/As Orora Closure Systems. I am satisfied that it is appropriate to approve the termination of the Agreement, and I terminate the Agreement.

[6] The termination will operate from 17 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE895046  PR569530>