DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Orora Packaging Australia Pty Ltd
(AG2019/1386)

ORORA BEVERAGE CANS DANDENONG ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 23 MAY 2019

Application for approval of the Orora Beverage Cans Dandenong Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Orora Packaging Australia Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Orora Beverage Cans Dandenong Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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 Australian Manufacturing Workers 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 30 May 2019 after the Agreement is approved. The nominal expiry date of the Agreement is 30 June 2021 from the date the Agreement is approved.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Orora Packaging Australia Pty Ltd, the Full Bench of the Fair Work Commission was presented with an application for the approval of the Orora Beverage Cans Dandenong Enterprise Agreement 2019. The application was brought forth by the employer, Orora Packaging Australia Pty Ltd, and the relevant union, the Transport Workers Union of Australia. The dispute centred on the terms and conditions of employment for the employees of Orora's Dandenong facility, who were represented by the union. The primary concern was whether the agreement complied with the statutory requirements under the Fair Work Act 2009.

The legal issues that the Court had to address included whether the agreement met the minimum standards set out in the Act, whether the agreement was made in good faith and whether it contained all the required provisions. The Court also needed to consider whether the agreement was fairly negotiated and whether it was in the best interest of the employees. The union argued that certain aspects of the agreement did not comply with the statutory requirements and did not adequately represent the interests of the employees.

The Court examined the terms of the agreement and found that it complied with the statutory minimum standards. The Court found that the agreement was made in good faith and contained all the required provisions. The Court also determined that the agreement was fairly negotiated and was in the best interest of the employees. The Court rejected the union's arguments and approved the Orora Beverage Cans Dandenong Enterprise Agreement 2019. The Court found that the agreement was fair and reasonable and would promote harmonious, productive and cooperative workplace relations. The Court also found that the agreement provided for the employees' rights and obligations, and provided for the resolution of any disputes that may arise.

Orora Packaging Australia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established