Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Australasia

[2024] FWCA 791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Australasia

(AG2024/340)

ORORA BEVERAGE CANS BALLARAT ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 MARCH 2024

Application for approval of the Orora Beverage Cans Ballarat Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Ballarat Enterprise Agreement 2023 (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 Australasia. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Orora Packaging Australia Pty Ltd trading as Orora Beverage Cans Australasia, an application was brought before the Fair Work Commission for approval of the Orora Beverage Cans Ballarat Enterprise Agreement 2023. The application sought to have the enterprise agreement approved under the Fair Work Act 2009, ensuring it met the necessary criteria for approval, including that it provided for the determination of terms and conditions of employment in an appropriate manner. The dispute arose due to disagreements between the employer and the employees represented by the relevant union regarding the terms and conditions outlined in the proposed agreement.

The legal issues before the court included whether the proposed enterprise agreement provided for the fair determination of terms and conditions of employment, whether it was appropriately negotiated, and if it met the requirements set forth in the Fair Work Act. The court also considered whether the agreement was in the best interest of the employees and whether it complied with the relevant provisions of the Act, including the "better off overall test" which requires that employees be no worse off financially and, where possible, better off overall.

The Fair Work Commission assessed the application and found that the proposed enterprise agreement satisfied the requirements for approval. The Commission considered the evidence provided by both parties and concluded that the agreement was fairly negotiated and met the criteria for approval. The Commission found that the agreement provided for the fair determination of terms and conditions of employment, complied with the Fair Work Act, and was in the best interest of the employees. Therefore, the application was approved.

The final orders of the Commission were that the Orora Beverage Cans Ballarat Enterprise Agreement 2023 be approved as a registered agreement under section 172 of the Fair Work Act 2009. The agreement will now apply to the relevant employees and employers, governing their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established