Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans

[2024] FWCA 4396

[2024] FWCA 4396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans

(AG2024/4536)

ORORA BEVERAGE CANS DANDENONG ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 10 DECEMBER 2024

Application for approval of the Orora Beverage Cans Dandenong Enterprise Agreement 2024

1. Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans has applied for approval of an enterprise agreement known as the Orora Beverage Cans Dandenong Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009 (Cth).

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

·   Clause 27.1 – Annual Leave: accrual of leave in hours which may result in lesser entitlement compared with the NES, which is expressed in weeks.

·   Clause 28.2 – Personal/carer’s leave: inconsistent with s 96(2) of the Act where personal/carer’s leave accrues progressively. This may result in a lesser entitlement to personal/carer’s leave compared to the NES.

·   Clause 14.2 – Public Holidays: inconsistent with s 114 of the Act which provides that employees may refuse requests to work on public holidays if the request is not reasonable, or if the refusal is reasonable.

·   Appendix F.4 – Redundancy: The appendix provides for a lesser redundancy entitlement than provided for under ss 117 – 123 of the Act.

·   Clause 29 – Compassionate Leave: Clause 29 provides for compassionate leave however it appears silent on the entitlement to leave where the employee, their partner or spouse has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104 of the Act.

1. I note clause 4(g) of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the AMWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 December 2024.

1. In accordance with clause 3 of the Agreement, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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