Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans
[2022] FWCA 3709
•24 OCTOBER 2022
| [2022] FWCA 3709 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans
(AG2022/4288)
Orora Beverage Cans Revesby Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 24 OCTOBER 2022 |
Application for approval of the Orora Beverage Cans Revesby Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Orora Beverage Cans Revesby Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Orora Packaging Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Coverage of employee organisation
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Model flexibility clause
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2022. The nominal expiry date of the Agreement is 31 July 2025.
DEPUTY PRESIDENT
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