DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Rocklea
(AG2015/6528)

ORORA BEVERAGE CANS ROCKLEA AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Orora Beverage Cans Rocklea Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Rocklea Agreement 2015 (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 Rocklea. 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. 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the 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 these organisations.

[5] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

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 Rocklea, applied for approval of the Orora Beverage Cans Rocklea Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The agreement, which proposed to cover employees at the Rocklea site, was intended to replace the existing Orora Packaging Australia Pty Ltd Packaging Workers Agreement 2010. The dispute centred around the fairness and appropriateness of the terms and conditions set forth in the new agreement.

The court was required to determine whether the agreement was fair and appropriate in all its terms and conditions. This included assessing whether the agreement provided for fair remuneration, including any allowances, loadings and penalties; reasonable hours of work, with reasonable provisions for rest breaks, overtime and shift work; and other terms and conditions, including provisions for redundancy, termination of employment, and workplace relations. The court also had to consider the process by which the agreement was made, including whether there was genuine bargaining and whether the agreement was made in good faith.

In examining the fairness and appropriateness of the agreement, the court considered the evidence presented by both parties and the relevant statutory criteria. The court found that the agreement met the necessary requirements, providing fair and reasonable terms and conditions for the employees. It was concluded that the agreement was made in good faith and through genuine bargaining, and that it provided for fair remuneration, reasonable hours of work, and other appropriate terms and conditions. The court approved the Orora Beverage Cans Rocklea Agreement 2015, thereby allowing it to come into effect.

The final orders included the approval of the Orora Beverage Cans Rocklea Agreement 2015, which would replace the existing agreement at the Rocklea site. The new agreement would provide the terms and conditions of employment for the employees covered by the agreement, and would remain in effect until terminated or varied in accordance with the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established