Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora Beverage Cans, applied for approval of the Orora Beverage Cans Revesby Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it was made in good faith, provided for a genuine enterprise, and covered appropriate bargaining units.

The primary legal issues for the Commission to determine were whether the agreement was made in good faith, whether it covered an appropriate bargaining unit, and whether it complied with the provisions of the Fair Work Act regarding enterprise agreements. The Commission also needed to consider whether the agreement was consistent with the national minimum terms and conditions and if it provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement was made in good faith, as there was evidence of genuine bargaining and negotiation between the parties. The agreement was deemed to cover an appropriate bargaining unit, encompassing employees of Orora Beverage Cans at the Revesby site. The Commission further concluded that the agreement complied with the requirements of the Fair Work Act and provided for adequate dispute resolution mechanisms. Consequently, the Commission approved the Orora Beverage Cans Revesby Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established