DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Cartons (Heidelberg)
(AG2017/4237)

ORORA CARTONS HEIDELBERG ENTERPRISE AGREEMENT 2017

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Orora Cartons Heidelberg Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orora Cartons Heidelberg Enterprise Agreement 2017 (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 (Heidelberg). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 15 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora Cartons Heidelberg, applied for approval of the Orora Cartons Heidelberg Enterprise Agreement 2017. The application was before the Fair Work Commission (FWC), with the Australian Manufacturing Workers' Union (AMWU) and the Australian Paper Employees' Union (APEIU) opposing the application. The dispute centred on the terms and conditions of employment for the employees of Orora Cartons Heidelberg, with the unions arguing that the proposed agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the FWC were whether the proposed enterprise agreement complied with the good faith bargaining provisions of the Act, whether it met the minimum entitlements set out in the Act, and whether it was in the best interests of the employees. The FWC had to determine if the agreement provided fair and reasonable terms and conditions of employment, and if it was negotiated in good faith. Additionally, the FWC needed to consider whether the agreement adequately protected employees' rights and entitlements, including minimum wage rates, penalty rates, leave entitlements, and other benefits.

In assessing these issues, the FWC examined the negotiation process, the terms of the agreement, and the submissions from both parties. The FWC found that the agreement was negotiated in good faith and that it provided fair and reasonable terms and conditions of employment. The FWC also determined that the agreement met the minimum entitlements required by the Act and was in the best interests of the employees. After considering the evidence and submissions, the FWC approved the Orora Cartons Heidelberg Enterprise Agreement 2017.

The FWC's approval of the enterprise agreement means that it will now be legally binding on Orora Cartons Heidelberg and its employees, subject to the terms and conditions set out in the agreement. The unions' objections were dismissed, and the agreement is now in effect. The approval of the enterprise agreement is a significant step in ensuring that the employees of Orora Cartons Heidelberg have fair and reasonable terms and conditions of employment, while also providing the company with the flexibility it needs to operate effectively.

Orora Packaging Australia Pty Ltd T/A Orora Cartons (Heidelberg)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established