DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Closure Systems Pty Ltd
(AG2017/2379)

ORORA WINE & METAL CLOSURES DUDLEY PARK ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2017

Application for approval of the Orora Wine & Metal Closures Dudley Park Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orora Wine & Metal Closures Dudley Park 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 Closure Systems Pty Ltd. 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2017. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Orora Packaging Australia Pty Ltd T/A Orora Closure Systems Pty Ltd, the applicant sought approval of the Orora Wine & Metal Closures Dudley Park Enterprise Agreement 2017. The application was lodged with the Fair Work Commission (FWC) in accordance with the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees covered by the proposed enterprise agreement.

The legal issues before the FWC involved assessing whether the proposed agreement was a "better off overall test" (BOOT) agreement and whether it complied with the requirements of the Fair Work Act. The FWC considered whether the agreement met the BOOT criteria by ensuring that employees were not worse off in terms of wages and conditions compared to their existing awards or agreements. Additionally, the FWC examined the procedural fairness of the process by which the agreement was negotiated and whether it met the requirements of section 231 of the Fair Work Act.

The FWC determined that the proposed agreement met the BOOT criteria and was procedurally fair. The FWC found that employees would be better off overall under the terms of the proposed agreement, as it provided for improved wages and conditions. The FWC also found that the process by which the agreement was negotiated was fair and transparent, with adequate opportunities for employee participation. As a result, the FWC approved the Orora Wine & Metal Closures Dudley Park Enterprise Agreement 2017.

Orora Packaging Australia Pty Ltd T/A Orora Closure Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established