DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd
(AG2016/1328)

ORORA BEVERAGE CANS DANDENONG ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Orora Beverage Cans Dandenong Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Dandenong Enterprise Agreement 2015 (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 Australian Manufacturing Workers’ Union 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.

[4] The Agreement was approved on 8 June 2016 and, in accordance with s.54, will operate from 15 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd is the respondent in this case before the Fair Work Commission, which was brought by the Australian Manufacturing Workers' Union as the applicant. The matter concerns the application for approval of the Orora Beverage Cans Dandenong Enterprise Agreement 2015. The dispute primarily revolves around whether the agreement meets the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the procedural requirements as stipulated in the Act. The applicant contested the negotiation process and argued that the agreement did not meet the criteria for genuine negotiation and procedural fairness. Specifically, the applicant claimed that the agreement was not negotiated with sufficient employee participation and that the employer failed to provide necessary information and opportunities for negotiation.

The Fair Work Commission, after reviewing the evidence and submissions, determined that the agreement was indeed genuinely negotiated. The Commission found that, while there were some shortcomings in the negotiation process, they did not undermine the overall integrity of the agreement. The Commission concluded that the employer had made reasonable efforts to involve employees in the negotiation process and that the final agreement reflected a fair balance of interests. Consequently, the application for approval of the enterprise agreement was granted. The Commission issued its orders approving the agreement, subject to the terms and conditions set out in the approved document.

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