[2016] FWCA 4219

The attached document replaces the document previously issued with the above code on 28 June 2016:

By inserting the date signed

Dean Berman

On behalf of Chambers of Commissioner Roe

Dated 30 June 2016

[2016] FWCA 4219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Canning Vale
(AG2016/1630)

ORORA BEVERAGE CANS (CANNING VALE) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Orora Beverage Cans (Canning Vale) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans (Canning Vale) Enterprise Agreement 2016 (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 Canning Vale. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora Beverage Cans Canning Vale, applied to the Fair Work Commission for the approval of the Orora Beverage Cans (Canning Vale) Enterprise Agreement 2016. The application involved determining whether the agreement met the requirements of the Fair Work Act 2009 for enterprise agreements to be certified and applicable. The legal issues centred on whether the agreement had been genuinely negotiated and if it contained the necessary minimum terms and conditions as prescribed by the Act. The Commission needed to assess if the bargaining process adhered to the legal standards and if the agreement's contents were fair and reasonable.

The Commission examined the evidence presented regarding the negotiation process, the involvement of representatives, and the agreement's provisions. It considered whether the agreement was made without coercion and if it provided for the terms and conditions of employment, including wages, hours of work, and other conditions. The Commission also evaluated the submissions from the parties and any other relevant matters. After thorough deliberation, the Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. Consequently, the application for approval was successful.

The Fair Work Commission approved the Orora Beverage Cans (Canning Vale) Enterprise Agreement 2016, certifying it as a registered agreement. The decision was based on the evidence that the agreement had been negotiated in good faith and contained all necessary terms and conditions. The Commission found that the agreement met the statutory requirements for enterprise agreements and was fair and reasonable. As a result, the agreement became applicable to the employees covered by it.

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Canning Vale

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established