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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by Orora Packaging Australia Pty Ltd for approval of the Orora B9 Warehouse Enterprise Agreement 2019, the Fair Work Commission was presented with the task of determining whether the proposed agreement met the statutory requirements for approval. The applicant, Orora Packaging Australia Pty Ltd, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The nature of the dispute centred around various provisions within the agreement, including terms relating to wages, hours of work, and other employment conditions for employees within the B9 Warehouse division of the company.

The legal issues the Commission had to address included whether the agreement had been made in good faith, whether it provided for the compulsory resolution of all genuine industrial disputes, and whether it was consistent with the national system of industrial relations. Additionally, the Commission had to consider whether the agreement met the requirements for independent assessment and whether it had been fairly negotiated. These issues required careful scrutiny, as the agreement's approval would significantly impact the rights and obligations of both the employer and the employees.

The Fair Work Commission, after considering the evidence and submissions, concluded that the agreement did meet the statutory criteria for approval. The Commission found that the agreement had been made in good faith and that it provided for the compulsory resolution of all genuine industrial disputes. The Commission also determined that the agreement was consistent with the national system of industrial relations and that it had been fairly negotiated. Furthermore, the Commission was satisfied that the independent assessment process had been conducted appropriately, and that the agreement met the necessary standards. As a result, the Commission approved the Orora B9 Warehouse Enterprise Agreement 2019 as a registered enterprise agreement.

The final orders of the Commission included the registration of the Orora B9 Warehouse Enterprise Agreement 2019 under the Fair Work Act 2009, effective from the date of the decision. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between Orora Packaging Australia Pty Ltd and its employees within the B9 Warehouse division, providing clarity and certainty for both parties moving forward.

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