Orora Packaging Australia Pty Ltd T/A Orora Closure Systems
[2023] FWCA 1907
•27 JUNE 2023
| [2023] FWCA 1907 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Orora Packaging Australia Pty Ltd T/A Orora Closure Systems
(AG2023/1654)
ORORA CLOSURES DUDLEY PARK ENTERPRISE AGREEMENT
2023
| Graphic Arts | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 27 JUNE 2023 |
Application for approval of the Orora Closures Dudley Park Enterprise Agreement 2023
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Orora Closures Dudley Park Enterprise Agreement 2023 (Agreement).
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.
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.
Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I observe that the clause 37.2 of the Agreement which provides for compassionate leave is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Foods, 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 July 2023. The nominal expiry date of the Agreement is 31 May 2023.
DEPUTY PRESIDENT
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Annexure A
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