DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Beverage Cans Rocklea
(AG2021/4208)

ORORA BEVERAGE CANS ROCKLEA AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 14 APRIL 2021

Application for approval of the Orora Beverage Cans Rocklea Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Orora Beverage Cans Rocklea Agreement 2020 (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 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 21 April 2021. The nominal expiry date of the Agreement is 30 June 2022.

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 T/A Orora Beverage Cans Rocklea applied for approval of the Orora Beverage Cans Rocklea Agreement 2020. The dispute involved the terms and conditions of employment for workers covered by the proposed agreement. The application was heard by Commissioner J Smith.

The central legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act 2009 in terms of procedural fairness and substantive provisions. Specifically, the court had to consider if the agreement was made in good faith, free from coercion, and if it contained terms and conditions that were fair and reasonable. The court also examined if the agreement appropriately balanced the interests of both employers and employees.

Commissioner Smith determined that the agreement was procedurally sound and met the requirements of the Fair Work Act. The court found that the process leading to the agreement was conducted in good faith, and no coercion was evident. In terms of substantive fairness, the commissioner considered various factors, including the bargaining positions of the parties, the economic context, and the provisions within the agreement. The commissioner concluded that the agreement provided fair and reasonable terms and conditions, adequately balancing the interests of both employers and employees. The agreement was approved, and the decision was made in the spirit of the Fair Work Act to promote harmonious, productive, and cooperative workplace relations.

The final orders included the approval of the Orora Beverage Cans Rocklea Agreement 2020, with the agreement to be registered with the Fair Work Commission. This decision set a precedent for similar agreements in the industry, reinforcing the importance of fair and reasonable terms in workplace agreements.

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