DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Dandenong
(AG2021/6218)

ORORA BEVERAGE CANS DANDENONG ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 23 JULY 2021

Application for approval of the Orora Beverage Cans Dandenong Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Dandenong Enterprise Agreement 2021 (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 Dandenong. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.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 is approved and in accordance with s.54, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora Beverage Cans Dandenong, applied to the Fair Work Commission for approval of the Orora Beverage Cans Dandenong Enterprise Agreement 2021. The applicant and the respondents, the Australian Manufacturing Workers’ Union and Orora Packaging Australia Pty Ltd, were unable to reach an agreement on the terms of the enterprise agreement, and thus sought the intervention of the Fair Work Commission to approve the agreement. The dispute was heard by the Commission in Melbourne.

The central legal issue before the Commission was whether the enterprise agreement complied with the relevant legislative requirements, including whether it contained all the prescribed terms and whether it was appropriately negotiated. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and the employer, and whether it promoted harmonious, productive and cooperative workplace relations.

The Commission found that the enterprise agreement contained all the prescribed terms and was appropriately negotiated. The agreement was deemed to be in the best interests of the employees and the employer, and it was concluded that the agreement would promote harmonious, productive and cooperative workplace relations. The Commission approved the enterprise agreement, subject to certain conditions and clarifications.

The Fair Work Commission approved the Orora Beverage Cans Dandenong Enterprise Agreement 2021, subject to the conditions and clarifications outlined in the decision. The agreement will now be binding on the parties and will govern the terms and conditions of employment for the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established