DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans
(AG2019/2871)

ORORA BEVERAGE CANS REVESBY ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Orora Beverage Cans Revesby Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Revesby Enterprise Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Orora Packaging Australia Pty Ltd, trading as Orora Beverage Cans, applied for approval of the Orora Beverage Cans Revesby Enterprise Agreement 2019. The application was heard in the Fair Work Commission, which was asked to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for Orora Beverage Cans' employees at the Revesby site. The dispute centred on whether the agreement provided adequate protections and benefits to employees, and whether it complied with the requirements for a valid enterprise agreement.

The central legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it met the 'better off overall test', and whether it complied with the procedural requirements for approval. Specifically, the Commission had to consider whether the agreement provided employees with at least the minimum entitlements provided by the relevant modern awards, and whether it was negotiated in good faith. Additionally, the Commission assessed whether the agreement was made without coercion and whether it contained provisions for dispute resolution.

The Fair Work Commission found that the Orora Beverage Cans Revesby Enterprise Agreement 2019 was genuinely an enterprise agreement and complied with the statutory requirements for approval. The Commission concluded that the agreement provided employees with terms and conditions that were at least as favourable as those provided by the relevant awards, and that it met the 'better off overall test'. The Commission was satisfied that the agreement was negotiated in good faith, without coercion, and contained adequate provisions for dispute resolution. Therefore, the Commission approved the agreement under section 186 of the Fair Work Act 2009.

The Fair Work Commission approved the Orora Beverage Cans Revesby Enterprise Agreement 2019, finding it to be a genuine enterprise agreement that complied with the statutory requirements. The agreement was found to provide employees with terms and conditions that were at least as favourable as those provided by the relevant awards, and met the 'better off overall test'. The Commission was satisfied that the agreement was negotiated in good faith, without coercion, and included adequate provisions for dispute resolution. The approval came into effect on 1 April 2019, and the agreement now governs the terms and conditions of employment for Orora Beverage Cans' employees at the Revesby site.

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans

DECISION

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established