DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd t/a Orora Cartons
(AG2019/4860)

ORORA CARTONS HEIDELBERG ENTERPRISE AGREEMENT 2020

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JANUARY 2020

Application for approval of the Orora Cartons Heidelberg Enterprise Agreement 2020

[1] Orora Packaging Australia Pty Ltd t/a Orora Cartons has made an application for approval of an enterprise agreement known as the Orora Cartons Heidelberg Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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 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, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 January 2020 and, in accordance with s 54, will operate from 17 January 2020. The nominal expiry date of the Agreement is 15 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Orora Packaging Australia Pty Ltd t/a Orora Cartons applied for the approval of the Orora Cartons Heidelberg Enterprise Agreement 2020. The agreement in question was entered into between the employer and the Australian Manufacturing Workers’ Union, with the union representing the employees of Orora Cartons. The primary nature of the dispute was the procedural fairness of the bargaining process and the content of the proposed agreement.

The legal issues the court was required to address included whether the enterprise agreement was fairly negotiated, if the process was conducted in good faith, and whether the agreement itself was in the best interests of the employees. The union argued that the agreement was fair and that the negotiation process was conducted appropriately, while Orora Cartons contended that there were procedural irregularities and that the agreement failed to adequately protect employee rights and interests.

The Fair Work Commission carefully examined the evidence and arguments presented by both parties. The Commission found that the negotiation process, while not perfect, was conducted in good faith and did not contain significant procedural irregularities that would invalidate the agreement. Regarding the content, the Commission determined that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. The Commission noted the agreement's provisions on wages, conditions, and other employment matters were reasonable and reflective of the bargaining process. Consequently, the Commission approved the Orora Cartons Heidelberg Enterprise Agreement 2020.

As a result of the Commission's approval, the enterprise agreement is now legally binding on the parties and will govern the employment terms and conditions of the employees at Orora Cartons Heidelberg site.

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