Orora Packaging Australia Pty Ltd

[2019] FWCA 6958

[2019] FWCA 6958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd
(AG2019/3631)

ORORA B9 WAREHOUSE ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2019

Application for approval of the Orora B9 Warehouse Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orora B9 Warehouse Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Orora Packaging Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] On 4 October 2019 I invited the Applicant to provide submissions in relation to certain issues concerning whether the Agreement passed the better off overall test. In response, the Applicant provided submissions on 8 October 2019.

[3] Having considered the Applicant’s submissions, pursuant to s.193 of the Act I am satisfied that an employee covered under the Agreement is better off overall than if the relevant modern award applied to the employee.

[4] As a result, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2019. The nominal expiry date of the Agreement is 8 October 2023.

COMMISSIONER

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