DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Revesby
(AG2016/4153)

ORORA BEVERAGE CANS REVESBY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Orora Beverage Cans Revesby Enterprise Agreement 2016.

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

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Orora Packaging Australia Pty Ltd, trading as Orora Beverage Cans Revesby, applied for the approval of the Orora Beverage Cans Revesby Enterprise Agreement 2016. The respondents to the application were the Australian Manufacturing Workers’ Union, the Independent Workers Union, and a number of individual employees. The application arose under the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria to be approved by the Commission.

The legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was made in good faith and whether it provided for a proper process for the resolution of employee disputes. Additionally, the Commission had to determine if the agreement was sufficiently clear and accessible for employees to understand their rights and obligations under it.

The Commission found that the agreement satisfied all the statutory requirements. It contained all the mandatory terms, was made in good faith, and provided for a process to resolve disputes. The agreement was also deemed clear and accessible to the employees. The Commission was satisfied that the agreement was fair and reasonable and approved it on those grounds. Consequently, the Orora Beverage Cans Revesby Enterprise Agreement 2016 was approved by the Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established