Orora Packaging Australia Pty Ltd T/A Orora Cartons

[2017] FWCA 3507

[2017] FWCA 3507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Cartons
(AG2017/1778)

ORORA CARTONS BOTANY ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 JULY 2017

Application for approval of the Orora Cartons Botany Enterprise Agreement 2016.

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

[2] The Applicant has provided an undertaking containing the rates of pay. The Applicant has requested that the rates of pay be kept confidential. The rates of pay that will apply to employees covered by the agreement will be in accordance with the undertaking provided on 15 May 2017. 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), 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.

[5] The Agreement was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE424795  PR594215>