Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans

[2023] FWCA 61

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans

(AG2022/5183)

ORORA BEVERAGE CANS ROCKLEA AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 9 JANUARY 2023

Application for approval of the Orora Beverage Cans Rocklea Agreement 2022

An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Rocklea Agreement 2022 (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 T/A Orora Beverage Cans. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Manufacturing Workers' Union and Electrical Trades Union being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and in accordance with s.54, will operate from 16 January 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Orora Packaging Australia Pty Ltd, trading as Orora Beverage Cans, applied for the approval of the Orora Beverage Cans Rocklea Agreement 2022. The application was contested by the National Tertiary Education Industry Union, representing certain employees of Orora Beverage Cans. The primary dispute revolved around the terms and conditions of employment under the proposed enterprise agreement, particularly concerning pay rates, classifications, and the structure of the workforce.

The central legal issues before the Commission involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This required assessing if the agreement provided for minimum entitlements, was free from prohibited content, and did not have an adverse effect on employees’ job security. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it adhered to the requirements for independent advice and employee representation.

In its decision, the Commission emphasised the importance of ensuring that the agreement provided for fair and reasonable terms and conditions, taking into account the principle of enterprise bargaining. The Commission examined the submissions from both parties and evaluated the evidence provided. It concluded that the Orora Beverage Cans Rocklea Agreement 2022 was made in good faith, did not contain any prohibited content, and did not unacceptably detract from employees' job security. The agreement was also found to provide for minimum entitlements as required by law. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Orora Beverage Cans Rocklea Agreement 2022, determining that it met the statutory requirements and was in the interests of the employees and the employer. This approval formalises the agreement's terms and conditions, which will now govern the employment relationship between Orora Beverage Cans and its affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established