Orora Packaging Australia Pty Ltd

[2025] FWCA 3078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd

(AG2025/2886)

ORORA BEVERAGE CANS REVESBY ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 11 SEPTEMBER 2025

Application for approval of the Orora Beverage Cans Revesby Enterprise Agreement 2025

Introduction

Orora Packaging Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Orora Beverage Cans Revesby Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement will apply to employees who are covered by the Manufacturing and Associated Industries and Occupations Award 2020 (the Award).

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term can be found in Appendix J of the Agreement.

Apprentices, Cadets, Trainees and Juniors

The Commission raised a concern with the Employer that apprentices, cadets, trainees and juniors may not be better off overall under the Agreement as clause 6 provides that they will be paid the same rates as the Award. The Employer submitted that the relevant employees will be entitled to additional benefits under clauses 25.1 and 33 of the Agreement and provided an undertaking that the relevant employees will be entitled to an additional amount representing 1% of the applicable minimum rate of pay.

Section 190 Undertakings

The Employer provided written undertakings to address the above BOOT issue. A copy of the undertakings is attached in Appendix I. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

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 AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2025. The nominal expiry date of the Agreement is 31 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Orora Packaging Australia Pty Ltd applied to the Fair Work Commission for approval of the Orora Beverage Cans Revesby Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for workers at Orora's Revesby facility, including wages, hours of work, leave entitlements, and other employment-related matters. The application was heard by Deputy President D. A. Wilson.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the mandatory terms set out in the Act and Schedule 1, and whether it had been negotiated in good faith. The court also needed to consider whether the agreement met the "better off overall test" and whether it provided for appropriate dispute resolution mechanisms.

The court found that the agreement contained all the mandatory terms required by the Act and Schedule 1. It also concluded that the agreement had been negotiated in good faith and met the "better off overall test". The court was satisfied that the agreement provided for appropriate dispute resolution mechanisms, including a provision for mediation and arbitration. Based on these findings, the court approved the agreement, stating that it would benefit the employees by providing a fair and reasonable set of terms and conditions of employment.

The Fair Work Commission approved the Orora Beverage Cans Revesby Enterprise Agreement 2025. This decision provides a useful precedent for future enterprise agreements in the packaging industry and highlights the importance of meeting the statutory requirements for approval. The decision also reinforces the need for employers and employees to negotiate in good faith and to ensure that any agreement provides for appropriate dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established