DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora
(AG2018/6609)

ORORA CARTONS REGENCY PARK ENTERPRISE AGREEMENT 2018

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DEPUTY PRESIDENT BEAUMONT	PERTH, 1 MAY 2019

Application for approval of the Orora Cartons Regency Park Enterprise Agreement 2018.

[1] Orora Packaging Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Orora Cartons Regency Park Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement lodged contained typographical errors at clauses 4 and 12. On 23 April 2019, the Applicant made an application pursuant to s 586 of the Act, and an amended version of the Agreement. I am satisfied that the corrections should be made, and that it is appropriate to do so pursuant to s 586 of the Act. The errors are corrected in the published Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 May 2019 and, in accordance with s 54, will operate from 8 May 2019. The nominal expiry date of the Agreement is 7 May 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora, applied to the Fair Work Commission for approval of the Orora Cartons Regency Park Enterprise Agreement 2018. The application arose from negotiations between Orora and the National Tertiary Education Industry Union (NTEU), representing certain employees. The dispute centred around the terms and conditions of employment for employees classified as part of the Orora Cartons Regency Park workforce.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the "better off overall test" and whether it included all mandated terms and conditions. The Commission also had to consider whether the agreement was made in good faith and whether it provided for proper consultation with the employees.

The Commission found that the agreement satisfied the better off overall test as it provided for increased wages and improved conditions for the employees. It was also found to include all mandated terms and conditions as required by the Act. The Commission concluded that the agreement was made in good faith and that there was proper consultation with the employees. Consequently, the Commission approved the Orora Cartons Regency Park Enterprise Agreement 2018.

The Fair Work Commission approved the Orora Cartons Regency Park Enterprise Agreement 2018, effective from the date of the decision. The approval was based on the findings that the agreement met the better off overall test, included all mandated terms and conditions, and was made in good faith with proper consultation.

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