Orora Packaging Australia Pty Ltd T/A Orora Cartons Australasia

[2020] FWCA 1980

[2020] FWCA 1980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Cartons Australasia
(AG2020/814)

ORORA CARTONS REGENCY PARK ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 16 APRIL 2020

Application for variation of the Orora Cartons Regency Park Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Orora Cartons Regency Park Enterprise Agreement 2018 (the Agreement). The application was made by Orora Packaging Australia Pty Ltd T/A Orora Cartons Australasia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B and are summarised as follows:

•  Clauses 25.2 (Personal Leave) and 26 (Long Service Leave) of the Agreement and clauses 7.5.6(a) and 4.2.1(e)(ii) of the Graphic Arts – General – Award 2000 will be applied in conjunction with the National Employment Standards (NES) and where the NES provides a greater benefit, the NES will prevail to the extent of the inconsistency.

•  All duty performed by an employee in excess of or outside ordinary rostered hours will be paid, for Monday to Friday, at 150% for the first three hours and 200% thereafter and, for Saturday and Sunday, 200% with a minimum engagement of 4 hours.

[4] 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 16 April 2020.

COMMISSIONER

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