DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans
(AG2017/6103)

ORORA BEVERAGE CANS ROCKLEA AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 2 JANUARY 2018

Application for approval of the Orora Beverage Cans Rocklea Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Rocklea Agreement 2017 (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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. The copy of the pay rates undertaking attached to this decision has been redacted pursuant to an order [PR599121]. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have 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 the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora Beverage Cans, applied for the approval of the Fair Work Commission of the Orora Beverage Cans Rocklea Agreement 2017. The application was made under section 235 of the Fair Work Act 2009. The agreement, if approved, would apply to employees working at Orora’s beverage can manufacturing facility in Rocklea, Queensland.

The central legal issue for the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it did not disadvantage any employee in comparison to their previous conditions of employment. Additionally, the Commission examined whether the agreement was consistent with the Fair Work Act’s objectives and if it complied with any relevant award or enterprise agreement.

The Commission considered various factors, including the parties' bargaining positions, the negotiation process, and the terms of the agreement. It noted that the agreement provided for a fair and reasonable set of terms and conditions that aligned with the Fair Work Act’s objectives. The Commission also found that the agreement did not disadvantage employees and was consistent with relevant awards and enterprise agreements. Based on these considerations, the Commission concluded that the Orora Beverage Cans Rocklea Agreement 2017 met the approval criteria.

The Fair Work Commission approved the Orora Beverage Cans Rocklea Agreement 2017. The decision was made on the basis that the agreement provided fair and reasonable terms and conditions, was not disadvantageous to any employee, and complied with the Fair Work Act. The approval ensures that the agreement will be binding on the parties involved, subject to the terms and conditions specified.

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