DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora
(AG2019/2949)

ORORA BAG SOLUTIONS REVESBY ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 AUGUST 2019

Application for approval of the Orora Bag Solutions Revesby Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orora Bag Solutions Revesby Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 September 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora, brought an application before the Fair Work Commission (FWC) for the approval of the Orora Bag Solutions Revesby Enterprise Agreement 2019. The dispute centred around the proposed agreement's terms and conditions, which Orora intended to implement for its employees at the Revesby site. The applicants argued that the agreement contained fair and reasonable terms that adequately reflected the economic circumstances of the enterprise and its employees.

The primary legal issues before the FWC were whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009 (Cth), specifically in terms of being free from elements that could undermine its capacity to facilitate productive workplace relations. The FWC had to determine if the agreement was made in good faith, if it covered a relevant group of employees, and if the terms were fair and reasonable. Additionally, the FWC examined if the agreement contained provisions that would permit employees to work beyond the standard hours outlined in the award, and whether such provisions were necessary to facilitate productive workplace relations.

In its reasoning, the FWC found that the proposed agreement was free from any elements that could undermine its capacity to facilitate productive workplace relations. The FWC concluded that the agreement was made in good faith and covered a relevant group of employees. The commission also determined that the terms of the agreement were fair and reasonable, taking into account the economic circumstances of the enterprise and its employees. The FWC further found that the proposed agreement contained provisions that would permit employees to work beyond the standard hours outlined in the award, but these provisions were necessary to facilitate productive workplace relations. Consequently, the FWC approved the Orora Bag Solutions Revesby Enterprise Agreement 2019.

The FWC approved the Orora Bag Solutions Revesby Enterprise Agreement 2019, effective from 1 September 2019, with the approval to remain in force until 31 August 2024. The FWC noted that this approval was contingent upon the agreement being registered with the Registrar of the Fair Work Commission.

Orora Packaging Australia Pty Ltd T/A Orora

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established