DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd
(AG2017/3837)

ORORA BEVERAGE CANS BALLARAT ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 15 NOVEMBER 2017

Application for approval of the Orora Beverage Cans Ballarat Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Ballarat Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orora Packaging Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd sought approval of the Orora Beverage Cans Ballarat Enterprise Agreement 2017 from the Fair Work Commission. The respondent, the Australian Manufacturing Workers’ Union, objected to the approval of certain provisions, specifically those relating to the payment of overtime and penalty rates. The nature of the dispute centred on whether the proposed changes to overtime and penalty rates were fair and reasonable under the Fair Work Act 2009.

The legal issues before the court were whether the proposed changes to overtime and penalty rates in the enterprise agreement were compliant with the Fair Work Act, and whether the changes were fair and reasonable. The respondent argued that the proposed changes were not fair and reasonable as they did not adequately protect the interests of employees. The applicant, Orora Packaging Australia Pty Ltd, contended that the changes were necessary to maintain the competitiveness of the business and to ensure the long-term viability of the Ballarat plant.

The Fair Work Commission found that the proposed changes to overtime and penalty rates in the enterprise agreement were fair and reasonable. The Commission considered the need for the changes to ensure the long-term viability of the Ballarat plant and the interests of employees. The Commission found that the proposed changes were in line with industry standards and did not significantly disadvantage employees. The application for approval of the enterprise agreement was ultimately successful.

The Fair Work Commission approved the Orora Beverage Cans Ballarat Enterprise Agreement 2017, subject to certain conditions. The Commission directed that a copy of the approved agreement be provided to the Australian Manufacturing Workers’ Union and that the agreement be registered with the Fair Work Ombudsman. The Commission also directed that the agreement would commence on the date of the decision and would remain in force until 30 June 2022.

Orora Packaging Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established