DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd
(AG2019/4401)

ORORA FUNCTIONAL COATINGS ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the Orora Functional Coatings Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orora Functional Coatings Enterprise Agreement 2019 (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 Employer 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. The undertakings are taken to be a term of 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 Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, the applicant, sought approval of the Orora Functional Coatings Enterprise Agreement 2019 from the Fair Work Commission. The application was opposed by various unions and employees, who raised concerns about the terms of the proposed agreement. The matter was heard by the Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Act, particularly regarding procedural fairness and the requirement that the agreement be in writing. The unions and employees argued that the consultation process leading to the agreement was inadequate and that certain terms contravened minimum workplace entitlements. The applicant, on the other hand, asserted that the agreement was the product of a fair and transparent process and that it complied with all legal requirements.

In evaluating these arguments, the Commission considered the evidence presented by both parties, including the process of consultation and negotiation, and the content of the proposed agreement. The Commission found that while there were procedural shortcomings in the consultation process, these did not significantly detract from the overall fairness of the process. The Commission further determined that the terms of the agreement did not contravene any minimum entitlements under the Act. Consequently, the Commission approved the Orora Functional Coatings Enterprise Agreement 2019.

The Fair Work Commission approved the Orora Functional Coatings Enterprise Agreement 2019, subject to certain conditions that addressed the procedural concerns raised during the hearing. The decision underscores the importance of fair and transparent consultation processes in the formation of enterprise agreements, while also affirming that the Commission will scrutinise the content of agreements to ensure compliance with statutory requirements.

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