DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans
(AG2020/1702)

ORORA BEVERAGE CANS BALLARAT ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 10 JULY 2020

Application for approval of the Orora Beverage Cans Ballarat Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Ballarat Enterprise Agreement 2020 (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.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 14 – Public Holidays;

• Clause 22 – Annual Leave; and

• Appendix G.4 – Redundancy.

However, noting clause 5(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2020. 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

The matter involved Orora Packaging Australia Pty Ltd trading as Orora Beverage Cans, which sought approval of the Orora Beverage Cans Ballarat Enterprise Agreement 2020 under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, an Australian tribunal responsible for regulating industrial relations matters. The applicant, Orora Beverage Cans, sought to have the agreement, which had been negotiated with the relevant trade unions, certified as meeting the legal requirements for approval under the Fair Work Act.

The legal issues before the Commission centred on whether the agreement complied with the formal requirements of the Act and whether it met the "better off overall test" (BOOT). The BOOT requires that employees be no worse off financially and, ideally, better off overall when compared to their previous conditions of employment. The Commission needed to determine whether the proposed agreement provided a safety net for employees, maintained or improved upon existing conditions, and offered a fair and equitable resolution for the parties involved.

In its decision, the Fair Work Commission found that the Orora Beverage Cans Ballarat Enterprise Agreement 2020 met the formal requirements and satisfied the BOOT. The Commission noted that the agreement contained clear and comprehensive provisions that addressed key employment issues, such as wages, hours of work, and other conditions. The Commission was satisfied that the agreement provided a safety net for employees and offered improvements to existing conditions. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all circumstances.

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established