Orora Packaging Australia Pty Ltd T/A Orora Cartons Summary

[2014] FWCA 2995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Cartons
(AG2014/1011)

ORORA CARTONS HEIDELBERG ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 7 MAY 2014

Application for approval of the Orora Cartons Heidelberg Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Orora Cartons Heidelberg Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 was approved in Chambers on 7 May 2014 and, in accordance with s.54 of the Act, will operate from 14 May 2014. The nominal expiry date of the Agreement is 15 January 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora Cartons, applied to the Fair Work Commission for approval of the Orora Cartons Heidelberg Enterprise Agreement 2014. The matter was heard by Deputy President Ryan, who was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key issue was whether the agreement contained all the prescribed terms and conditions necessary for a lawful enterprise agreement.

The court considered whether the agreement appropriately covered the prescribed matters under section 231 of the Act, including pay and conditions, and whether it adhered to the good faith bargaining requirements under section 228. The Deputy President found that the agreement was made in good faith and contained all the necessary prescribed terms. The application was therefore approved, ensuring that the agreement could be registered and enforced.

The Deputy President concluded that the agreement met all statutory requirements and was thus valid. The application for approval was successful, and the Orora Cartons Heidelberg Enterprise Agreement 2014 was approved and registered by the Fair Work Commission. The decision provided clarity on the necessary components of an enterprise agreement and reinforced the importance of good faith bargaining in the enterprise agreement process.

Orora Packaging Australia Pty Ltd T/A Orora Cartons

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established