DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd
(AG2019/2466)

ORORA PAPER BOTANY - B9 MACHINE – ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER JOHNS	SYDNEY, 24 JULY 2019

Application for approval of the Orora Paper Botany - B9 Machine – Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orora Paper Botany - B9 Machine – 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] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd sought approval of the Orora Paper Botany – B9 Machine – Enterprise Agreement 2019 before the Fair Work Commission. The matter involved the approval of an enterprise agreement between Orora Packaging Australia Pty Ltd and its employees, specifically those classified as B9 Machine Operators. The application was brought under the Fair Work Act 2009, and the dispute centred around whether the agreement met the necessary legal requirements for approval.

The primary legal issues the court had to address included whether the agreement had been made in accordance with the procedures outlined in the Fair Work Act and whether the agreement fairly reflected the balance of power between the parties. The court also needed to consider whether the agreement complied with the "better off overall test" and whether it contained terms that were appropriate and reasonable in all aspects.

The Fair Work Commission found that the agreement was made following the correct procedures and was fairly reflective of the balance of power between Orora Packaging Australia Pty Ltd and its employees. The Commission determined that the agreement met the "better off overall test" and contained terms that were appropriate and reasonable. The court emphasised the importance of the agreement's terms being fairly reflective of the balance of power between the parties and ensuring that employees were not worse off as a result of the agreement.

The Fair Work Commission approved the Orora Paper Botany – B9 Machine – Enterprise Agreement 2019, subject to the specified conditions. This decision ensures that the agreement will legally bind both Orora Packaging Australia Pty Ltd and its employees, providing a framework for their working relationship 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