DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd
(AG2019/2000)

ORORA BEVERAGE CANS (CANNING VALE) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2019

Application for approval of the Orora Beverage Cans (Canning Vale) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans (Canning Vale) 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.

[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 “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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd recently sought approval of the Orora Beverage Cans (Canning Vale) Enterprise Agreement 2019 in the Fair Work Commission. The dispute arose from negotiations between Orora and its employees, who were represented by the Manufacturing and Food Workers’ Union of Australia. The crux of the disagreement centred on the terms and conditions of employment, specifically concerning wages, hours of work, and other provisions that were deemed necessary to govern the relationship between the parties.

The legal issues before the Commission were primarily focused on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission needed to determine if the agreement met the 'better off overall test', ensuring that no employee would be worse off and some would be better off financially, and if it covered all necessary matters as stipulated by the Act. Additionally, the Commission considered whether the agreement was made in good faith and if the necessary procedural requirements were followed.

In reaching its decision, the Commission examined the submissions from both Orora and the union, as well as the evidence presented. It noted that the agreement provided for a wage increase and contained various other terms that were considered fair and reasonable. The Commission concluded that the agreement was made in good faith and that it satisfied the better off overall test, as well as all other statutory requirements. Consequently, the Commission approved the Orora Beverage Cans (Canning Vale) Enterprise Agreement 2019.

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