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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Orora Packaging Australia Pty Ltd, trading as Orora Cartons Australasia, and the National Tertiary Education Union. The dispute centred on an application by Orora Cartons to vary the Orora Cartons Regency Park Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, the body responsible for regulating industrial relations in Australia.

The legal issues before the Commission were whether the proposed variations to the Enterprise Agreement met the threshold criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the changes were in the interests of the employees, whether they complied with the procedural requirements, and whether they adhered to the principles of good faith bargaining as mandated by the Act.

The Fair Work Commission found that the proposed variations to the Enterprise Agreement did not meet the criteria for approval. The Commission noted that the changes would result in a reduction of employees' rights and conditions without adequate justification or evidence of a genuine need for such changes. Furthermore, the Commission determined that Orora Cartons had not demonstrated that the variations were necessary or that they represented a fair outcome for the employees. Consequently, the application for variation was dismissed.

The Fair Work Commission ordered that the application for variation of the Orora Cartons Regency Park Enterprise Agreement 2018 be dismissed in its entirety. The existing agreement remained in force, and the employees' rights and conditions were preserved as per the original terms.

Orora Packaging Australia Pty Ltd T/A Orora Cartons Australasia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established