DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd
(AG2016/1540)

ORORA BAG SOLUTIONS REVESBY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 JULY 2016

Application for approval of the Orora Bag Solutions Revesby Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Orora Bag Solutions Revesby Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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, 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd applied to the Fair Work Commission for approval of the Orora Bag Solutions Revesby Enterprise Agreement 2016. The applicant sought an enterprise agreement that would provide for a two-tier workforce, with the lower tier receiving a lower rate of pay. The respondents, which included various unions and employees, opposed the application on the grounds that the proposed agreement would result in a two-tier workforce and a lower rate of pay for some employees, which would be detrimental to their interests. The central legal issue was whether the proposed agreement would provide a safety net for employees by ensuring they receive at least the minimum terms and conditions of employment as set out in the relevant award. The Fair Work Commission found that the proposed agreement did provide a safety net for employees and approved the application. The Commission noted that the proposed agreement provided for a transition period during which employees in the lower tier would receive higher rates of pay, and that the lower tier would only be established if certain conditions were met. The Commission also found that the proposed agreement provided for a dispute resolution process that would allow employees to raise any concerns about the agreement. The Fair Work Commission approved the application and registered the Orora Bag Solutions Revesby Enterprise Agreement 2016.

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