DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Cartons
(AG2015/4484)

ORORA CARTONS REGENCY PARK ENTERPRISE AGREEMENT 2015

Graphic Arts
COMMISSIONER HAMPTON	ADELAIDE, 10 SEPTEMBER 2015

Application for approval of the Orora Cartons Regency Park Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Orora Cartons Regency Park Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Orora Packaging Australia Pty Ltd T/A Orora Cartons. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2015. The nominal expiry date of the Agreement is 26 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Orora Packaging Australia Pty Ltd trading as Orora Cartons, who applied for the approval of the Orora Cartons Regency Park Enterprise Agreement 2015. The application was before the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall" agreement.

The primary legal issues the court had to address were whether the agreement provided for terms and conditions that were at least as favourable as the applicable awards or applicable agreements, and whether it met the "better off overall" test. This test required that employees be no worse off and at least some employees be better off overall under the agreement compared to the previous terms.

The court examined the submissions from both parties and the evidence provided. It concluded that the proposed agreement did indeed meet the statutory requirements. The court found that the terms and conditions offered were at least as good as those in the relevant awards, and that employees were better off overall because of increased wages, additional leave provisions, and improved conditions. The court approved the enterprise agreement, confirming its compliance with the necessary legal standards.

The final orders of the court included the approval of the Orora Cartons Regency Park Enterprise Agreement 2015, subject to the terms and conditions specified in the decision.

Orora Packaging Australia Pty Ltd T/A Orora Cartons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established